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      GT Article The Effect of Bankruptcy on a Subchapter S Election By Greenberg Traurig From The Bankruptcy Strategist September A new tax case from the U S Tax Court addresses the question of whether the filing of a Chapter case by a Subchapter S Corporation terminates the company’s Subchapter S election This case is important to the shareholders of a Subchapter S corporation that might have post petition taxable income Background Marvin Kirsner Most closely held corporations have filed Subchapter S elections for sound tax planning purposes A Subchapter S corporation is generally not subject to an income tax at the corporate level Rather the shareholders pay tax on the S Corp ’s income On the other hand a corporation that has not filed the Subchapters S election is governed by Subchapter C of the Internal Revenue Code                         GT Employees      Greenberg Traurig LLP All rights reserved Web site design and development by General inquiries Web site inquiries          

AN S CORPORATION AND BANKRUPTCY SELECT TAX CONSEQUENCES Tax Research and Writing Professor Mulroney Submitted By Penya Moses Fields Spring A taxpayer conducting business activities has several choices of entities which include sole proprietorships partnerships corporations S corporations or a limited liability company Each type of business entity has different tax consequences during bankruptcy This article focuses on several of the most common issues the federal income tax system places on an S corporation in bankruptcy The Internal Revenue Code and the Bankruptcy Code although separate but equal mechanisms interact to address common issues which evolve during the bankruptcy of an S corporation The tax effects that result when both codes apply to an S corporation may have an adverse outcome in the absence of strategic planning Congress created a simple method for avoiding the double taxation of a corporation by enacting Subchapter S in and by creating the Subchapter S Revision Act of as a component of the Internal Revenue Code Subchapter S enables shareholders of a small business corporation to elect to be taxed directly on corporate level profits As a result Subchapter S allows each shareholder to receive individual tax treatment on pass through corporate tax items

Article Content provided in partnership with Find Magazines by Topic Bankruptcy and S corporation pass through    by Although there are some signs the economy is improving many businesses continue to fail Recently the Tax Court considered the effect of an S corporation's selling an asset while in bankruptcy All S corporation shareholders contemplating filing for corporate bankruptcy need to consider the potential tax outcome of such a move Alphonse Mourad was the sole shareholder of V&M Management Inc an S corporation On January the corporation filed a Chapter bankruptcy reorganization petition The court appointed an independent trustee to administer the reorganization On September the court approved the plan The trustee sold the corporation's main asset for realizing a gain of The trustee reported the gain on form S and sent a form K to the shareholder Mourad did not report the gain as income and the IRS determined a deficiency He later claimed he should not be treated as the shareholder of an S corporation following V&M's bankruptcy petition Mourad also argued he should not have to report the gain because he did not benefit from the sale Result For the IRS The general rule is that following

Tax Matters   Tax Matters   TAX CASES and S Corporation Pass Through Although there are some signs the economy is improving many businesses continue to fail Recently the Tax Court considered the effect of an S corporations selling an asset while in bankruptcy All S corporation shareholders contemplating filing for corporate bankruptcy need to consider the potential tax outcome of such a move Alphonse Mourad was the sole shareholder of V&M Management Inc an S corporation On January the corporation filed a Chapter bankruptcy reorganization petition The court appointed an independent trustee to administer the reorganization On September the court approved the plan The trustee sold the corporations main asset for realizing a gain of The trustee reported the gain on form S and sent a form K to the shareholder Mourad did not report the gain as income and the IRS determined a deficiency He later claimed he should not be treated as the shareholder of an S corporation following V&Ms bankruptcy petition Mourad also argued he should not have to report the gain because he did not benefit from the sale Result For the IRS The general rule is that following a valid S election shareholders must



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