In Re Kare Kemical, Inc., Debtor. United States of America v. Kare Kemical, Inc.

HATCHETT, Circuit Judge:

In this Chapter 11 liquidation proceeding, the Internal Revenue Service (IRS) assessed against the debtor, Kare Kemical, $89,661 in unpaid employment taxes (trust fund taxes), $2,791 in interest, and $20,437 in penalties. The sale of Kare Kemical’s assets produced a $200,000 gross estate for distribution to creditors, of which Kare Kemical received $90,038.

With only $90,038 to pay its tax debt, Kare Kemical sought approval of a liquidation plan requiring the IRS to first satisfy the principal portion of the taxes owing and thereafter the accrued interest and penalties.…