- 25 - pursuant to section 346(g)(1) of the Bankruptcy Code. As a result, the transaction would be a taxable event to the debtor. The holding in In re McGowan, supra at 107, depended upon the definition of the phrase “termination of an estate”. If the estate had terminated as of the date of the abandonment, then the transaction would have qualified under section 1398(f)(2) as a transfer of assets, nontaxable to the estate. Otherwise, the transaction would have been a taxable disposition to the estate. The bankruptcy court recognized, as we have, that the phrase “termination of the estate” is susceptible of differing definitions. That court held that the definition of “termination of the estate”, within the context of section 1398(f)(2), included the termination of the estate’s interest in property, including the abandonment of property. The effect of that holding was to place the tax liability on the debtor. The court reasoned that it had difficulty with the notion that the mere act of abandoning burdensome property creates tax liability for the trustee. The effect of such a rule could be to place the burden of any taxes arising from such “dispositions” upon the unencumbered assets which might otherwise be distributed to unsecured creditors. [Id. at 108.] While the bankruptcy court was concerned that the burden of the tax liability on the debtor could inhibit the debtor’s fresh start, in those circumstances, the interests of the creditors were considered to be of higher priority.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011