Waldschmidt v. Commissioner (In Re Lambdin)

MEMORANDUM

GEORGE C. PAINE, II, Bankruptcy Judge.

This matter is before the court on the trustee’s motions requesting a determination of tax liability owed by the bankruptcy estates of Jerry L. and Gloria Gay Davis and Joyce R. White pursuant to 11 U.S.C. § 505. The trustee contends that these estates are not liable for capital gains taxes incurred by the sale of real property during the administration of each estate and therefore seeks a refund from the Internal Revenue Service (hereinafter “IRS”) for these taxes which he previously paid under protest. 1 The IRS has objected to the trustee’s…