- 21 - chapter 11 reorganizations to chapter 7 liquidations and are thus distinguishable from the current case. In addition, the question of whether a “termination” occurred before the closing of the estate was not squarely presented in any of those cases. Section 346(i)(2) of the Bankruptcy Code, like section 1398, provides for the succession of tax attributes from the estate to the debtor in cases under chapter 7 or 11 of the Bankruptcy Code. Section 346(i)(2) of the Bankruptcy Code provides: “After such a case is closed or dismissed, the debtor shall succeed to any tax attribute to which the estate succeeded under paragraph (1) of this subsection but that was not utilized by the estate.” 11 U.S.C. sec. 346. Section 346(i)(2) of the Bankruptcy Code is unambiguous and provides for the transfer of tax attributes after the bankruptcy case is closed. As we have already noted, the term “closed” is well established in bankruptcy parlance. In Firsdon v. United States, supra, the issue before the court was whether the bankrupt’s time for claiming a refund had expired so as to deny the District Court jurisdiction over the bankrupt’s refund claim.7 The bankrupt relied on section 346(i)(2) of the Bankruptcy Code, which provides for the tolling of limitation periods during the pendency of a bankruptcy case. The Court of Appeals for the Sixth Circuit analyzed section 7 The limitations question had to be resolved before the District Court could consider the bankrupt’s claims to the estate’s losses within the context of sec. 1398(i).Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011