Legal Opinion
Kellogg v. United States (In Re West Texas Marketing Corp.)
United States Bankruptcy Court, N.D. Texas
Decided June 22, 1993No. 19-40897PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM OF OPINION ON POSTPETITION INTEREST ON UNSECURED CLAIMS
JOHN C. AKARD, Bankruptcy Judge.
QUESTIONS PRESENTED
I. Whether in a case under Chapter 7 of the Bankruptcy Code, 1 the Debtor can accrue postpetition interest expense deductions for federal income tax purposes on undisputed and resolved general unsecured (prepetition) claims. The court concludes that the Debtor cannot accrue postpetition interest expense on prepetition claims for federal income tax purposes. 2
II. Whether § 505(b) bars assessment of an estimated tax penalty on the Debtor’s estate because the Internal Revenue…
2Cases cited11 opinions
- Guardian Investment Corporation v. Robert L. Phinney, District Director of Internal RevenueCourt of Appeals for the Fifth Circuit · 1958
- Chancellor v. Superior Court of California for the County of OrangeSupreme Court of the United States · 1982
- Fahs v. MartinCourt of Appeals for the Fifth Circuit · 1955
- 9 Collier bankr.cas.2d 1377, Bankr. L. Rep. P 69,412 in Re Boston and Maine Corporation, Debtor. Appeal of City of CambridgeCourt of Appeals for the First Circuit · 1983
- In Re Kentucky Lumber CompanyCourt of Appeals for the Sixth Circuit · 1988
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Matter of West Texas Marketing Corp.Court of Appeals for the Fifth Circuit · 1995
- In Re Dow Corning Corp.United States Bankruptcy Court, E.D. Michigan · 1999
- In Re El Paso Refinery, L.P.United States Bankruptcy Court, W.D. Texas · 2000
- In Re Dow Corning Corp.United States Bankruptcy Court, E.D. Michigan · 2001
- In Re ValeUnited States Bankruptcy Court, N.D. Indiana · 1996
3 more not listed; retrieve them via the Exa API.