Legal Opinion
Internal Revenue Service v. Ficken (In Re Ficken)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided May 7, 2010No. BAP No. CO-09-042. Bankruptcy No. 05-52940. Adversary No. 08-01687PublishedCited by 6 opinions
1Opinion of the Court
NUGENT, Bankruptcy Judge.
This appeal addresses 11 U.S.C. § 1222(a)(2)(A), a provision introduced by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPC-PA”). The new provision attempts to mitigate the tax expense often incurred by farmers who have significant taxable capital gains or depreciation recapture when their low basis farm assets are foreclosed, sold, or otherwise disposed of by their creditors. Formerly, these dispositions created large priority tax claims that barred confirmation of Chapter 12 plans. By stripping these claims of their priority status and…
2Cases cited12 opinions
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Catlin v. United StatesSupreme Court of the United States · 1945
- Salve Regina College v. RussellSupreme Court of the United States · 1991
- Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996
- Wright v. Union Central Life InsuranceSupreme Court of the United States · 1941
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3Cited by6 opinions
- United States v. Dawes (In Re Dawes)Court of Appeals for the Tenth Circuit · 2011
- United States v. HallCourt of Appeals for the Ninth Circuit · 2010
- Smith v. United States (In Re Smith)United States Bankruptcy Court, W.D. Pennsylvania · 2011
- Eric S Richards and Catherine Elaine RichardsUnited States Bankruptcy Court, S.D. Indiana · 2020
- United States v. HallCourt of Appeals for the Ninth Circuit · 2010
1 more not listed; retrieve them via the Exa API.