{"id":11517500300,"title":"Course #339- Supreme Court: FL Dept of Rev vs. Piccadilly: Bankruptcy \u0026 Tax Law - MP3","handle":"course-339-supreme-court-fl-dept-of-rev-vs-piccadilly-bankruptcy-tax-law-mp3","description":"\u003cp\u003e\u003cstrong\u003eCourse 339\u003c\/strong\u003e\u003c\/p\u003e\n\u003cp\u003e\u003cstrong\u003e1 hour MCLE Credit\u003c\/strong\u003e\u003c\/p\u003e\n\u003cp\u003eIn 2003, Piccadilly Cafeterias filed a Chapter 11 Bankruptcy petition in federal court in Florida asking the bankruptcy court for permission to auction off its assets in order to fund a reorganization plan. Piccadilly sought a tax exemption under 11 U.S.C. 1146(c) which states that certain asset transfers \"under a [confirmed Chapter 11] plan may not be taxed under any law imposing a stamp tax or similar tax.\" Florida vehemently opposed this exemption and sought to collect $32,000 in taxes from Piccadilly.\u003c\/p\u003e\n\u003cp\u003eThe bankruptcy court, the district court, and the U.S. Court of Appeals for the Eleventh Circuit all found in favor of Piccadilly, holding that 11 U.S.C. 1146(c) allowed courts to exempt from taxes pre-confirmation asset sales that were essential to the completion of a reorganization plan. In urging the Court to grant certiorari, Florida pointed to both Third and Fourth Circuit decisions holding that such pre-confirmation asset sales were subject to state taxation, while Piccadilly Cafeterias contended that these so-called \"circuit splits\" only involve a small handful of cases and require no resolution by the Court.\u003c\/p\u003e\n\u003cp\u003eQuestion:\u003c\/p\u003e\n\u003cp\u003eDoes 11 U.S.C. Section 1146(c), a provision of the Bankruptcy Code stating that certain asset transfers \"under a [confirmed Chapter 11] plan may not be taxed under any law imposing a stamp tax or similar tax,\" prohibit states from imposing taxes on pre-confirmation asset sales that are essential to the completion of a reorganization plan?\u003c\/p\u003e\n\u003cp\u003eObjectives:\u003c\/p\u003e\n\u003cul\u003e\n\u003cli\u003eAnalyze the case and its conclusion and decision. How was the question above answered? 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Piccadilly sought a tax exemption under 11 U.S.C. 1146(c) which states that certain asset transfers \"under a [confirmed Chapter 11] plan may not be taxed under any law imposing a stamp tax or similar tax.\" Florida vehemently opposed this exemption and sought to collect $32,000 in taxes from Piccadilly.\u003c\/p\u003e\n\u003cp\u003eThe bankruptcy court, the district court, and the U.S. Court of Appeals for the Eleventh Circuit all found in favor of Piccadilly, holding that 11 U.S.C. 1146(c) allowed courts to exempt from taxes pre-confirmation asset sales that were essential to the completion of a reorganization plan. In urging the Court to grant certiorari, Florida pointed to both Third and Fourth Circuit decisions holding that such pre-confirmation asset sales were subject to state taxation, while Piccadilly Cafeterias contended that these so-called \"circuit splits\" only involve a small handful of cases and require no resolution by the Court.\u003c\/p\u003e\n\u003cp\u003eQuestion:\u003c\/p\u003e\n\u003cp\u003eDoes 11 U.S.C. Section 1146(c), a provision of the Bankruptcy Code stating that certain asset transfers \"under a [confirmed Chapter 11] plan may not be taxed under any law imposing a stamp tax or similar tax,\" prohibit states from imposing taxes on pre-confirmation asset sales that are essential to the completion of a reorganization plan?\u003c\/p\u003e\n\u003cp\u003eObjectives:\u003c\/p\u003e\n\u003cul\u003e\n\u003cli\u003eAnalyze the case and its conclusion and decision. How was the question above answered? Do you agree or disagree with that answer? \u003c\/li\u003e\n\u003c\/ul\u003e"}

Course #339- Supreme Court: FL Dept of Rev vs. Piccadilly: Bankruptcy & Tax Law - MP3

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Course 339

1 hour MCLE Credit

In 2003, Piccadilly Cafeterias filed a Chapter 11 Bankruptcy petition in federal court in Florida asking the bankruptcy court for permission to auction off its assets in order to fund a reorganization plan. Piccadilly sought a tax exemption under 11 U.S.C. 1146(c) which states that certain asset transfers "under a [confirmed Chapter 11] plan may not be taxed under any law imposing a stamp tax or similar tax." Florida vehemently opposed this exemption and sought to collect $32,000 in taxes from Piccadilly.

The bankruptcy court, the district court, and the U.S. Court of Appeals for the Eleventh Circuit all found in favor of Piccadilly, holding that 11 U.S.C. 1146(c) allowed courts to exempt from taxes pre-confirmation asset sales that were essential to the completion of a reorganization plan. In urging the Court to grant certiorari, Florida pointed to both Third and Fourth Circuit decisions holding that such pre-confirmation asset sales were subject to state taxation, while Piccadilly Cafeterias contended that these so-called "circuit splits" only involve a small handful of cases and require no resolution by the Court.

Question:

Does 11 U.S.C. Section 1146(c), a provision of the Bankruptcy Code stating that certain asset transfers "under a [confirmed Chapter 11] plan may not be taxed under any law imposing a stamp tax or similar tax," prohibit states from imposing taxes on pre-confirmation asset sales that are essential to the completion of a reorganization plan?

Objectives:

  • Analyze the case and its conclusion and decision. How was the question above answered? Do you agree or disagree with that answer? 

Click the links below to download log sheets.

CALIFORNIA LOG SHEETS

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