Aikman v. Internal Revenue Service (In re Aikman)
Aikman v. Internal Revenue Service (In re Aikman)
Opinion of the Court
MEMORANDUM ORDER DENYING DEBTOR’S MOTION TO ENFORCE DISCHARGE AND FOR RETURN OF SEIZED INCOME TAX REFUND
The matter before the Court is the Debtor’s Motion to Enforce Discharge and for Return of Seized Income Tax Refund (“Motion”)
Factual Background and Procedural History
The facts are undisputed. This case was commenced on January 22, 2010 (the “Pe
The Amended Claim indicates a total indebtedness in the amount of $52,813.99 representing unpaid taxes, interest and penalties thereon for tax years 2006 and 2007. Both the 2006 and 2007 tax indebtedness were due within three years of the Petition Date. The Amended Claim breaks down the tax liability as follows: a secured claim in the amount of $6,845.57; an unsecured priority claim in the amount of $38,370.09 pursuant to 11 U.S.C. § 507(a)(8); and a general unsecured claim in the amount of $7,598.33. The general unsecured amount represents “penalty to date of petition on unsecured priority claims (including interest thereon).”
The Debtor, through his Chapter 13 plan, made payments to the IRS in which the secured and unsecured priority claims were paid in full, while the general unsecured claim was paid down, but retained a balance of approximatély $7,000.00.
The Debtor filed his 2015 federal income tax return in February of 2016. From the 2015 tax return, the Debtor was to receive a federal income tax refund in the amount of $2,873.00 (“Refund”). However, the Debtor never received the Refund as the IRS seized it, indicating the Refund would be applied to the delinquent taxes left unpaid by the Debtor in his bankruptcy. Now the Debtor seeks the release of the Refund to the Debtor as well as a correction to all records to indicate there are no additional monies due and owing to the IRS alleging the IRS’s seizure of the Refund violated the discharge injunction as a wrongful attempt to collect a discharged debt.
Analysis
A discharge under § 727 of the Bankruptcy Code generally discharges the debtor from all debts that arose before the filing of the debtor’s petition with some notable exceptions, including certain debts provided in § 523.
While section 523(a)(1) is dispositive of the dischargeability issue for the tax and interest portions of a debtor’s tax liabilities, § 523(a)(7) determines the discharge-ability of the penalty portion — the kind of debt at the center of the. instant dispute. Section 523(a)(7) provides:
(a) A discharge under section 727, 1141, 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual debtor from any debt—
(7) to the extent such debt is for a fíne, penalty, or forfeiture payable to and for the benefit of a governmental unit, and is not compensation for actual pecuniary loss, other than a tax penalty—
(A) relating to a tax of a kind not specified in paragraph (1) of this subsection; or
(B) imposed with respect to a transaction or event that occurred before three years before the date of the filing of the petition;
The statute’s plain language provides two exceptions in which a tax penalty may be found to be dischargeable:
Subsection (A) permits discharge of a tax penalty where the underlying tax is also dischargeable.
In the instant case, however, the debt does not qualify under either subsection. The Debtor argues that the “transaction or event” language in § 523(a)(7)(B) refers to the tax year itself (2006) rather than the date the taxes became due (April 15, 2007) and, therefore, the debt was incurred prior to the three years before the Petition Date and falls into the exception to nondischargeability of tax penalties pursuant to § 523(a)(7)(B).
The Internal Revenue Code provides that individuals who compute their taxes on the basis of the calendar year must file their Federal income tax return by the 15th day of April following the close of such calendar year.
Conclusion
Having found the penalties do not fall into either exception providing for the discharge of tax penalty liabilities under § 523(a)(7), the Court concludes the IRS’s general unsecured claim was not discharged in the Debtor’s Chapter 7 case and the IRS did not violate the Discharge Order by seizing the Refund. Further, because the Parties do not dispute that both the 2006 and 2007 tax indebtedness were due within three years of the Petition Date, the Court need not distinguish between which portion of the remaining indebtedness may represent interest on the taxes and which portion may represent
It is hereby ORDERED, ADJUDGED, and DECREED that the Motion to Enforce Discharge and for Return of Seized Income Tax Refund (Doc. No. 63) is DENIED.
. Doc. No. 63.
. Doc. No. 65.
. Doc. Nos. 78 and 77, respectively.
. Doc. No. 76.
.This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 157 and 1334. This is a core matter and the Court will enter final judgment.
. Doc. No. 1. All references to the Bankruptcy Code refer to 11 U.S.C. § 101 et. seq.
. Claim No. 5-1.
. Claim No. 5-2.
. Claim 5-2.
. Doc. No. 76.
. Doc. No. 56.
. Doc. No. 47.
. Doc. No. 59. The Discharge Order provides:
The debtor is granted a discharge under section 727 of title 11, United States Code, (the Bankruptcy Code).
Some of the common types of debts which are not discharged in a chapter 7 bankruptcy case are:
a. Debts for most taxes;
b. Debts incurred to pay nondischargeable taxes;
.11 U.S.C. § 727(b).
. 11 U.S.C. § 523(a)(1)(A).
. 11 U.S.C. § 507(a)(8)(A)(i) states:
Eighth, allowed unsecured claims of governmental units, only to the extent that such claims are for—
(A) a tax on or measured by income or gross receipts for a taxable year ending on or before the date of the filing of the petition—
(i) for which a return, if required, is last due, including extensions, after three years before the date of the filing of the petition;
.Doc. No. 76.
. In re Burns, 887 F.2d 1541, 1544 (11th Cir. 1989) (explaining ''[s]ince the statute uses the disjunctive, a tax penalty that does not qualify for discharge under one of the two aforementioned circumstances may still qualify under the other.”); See also McKay v. United States, 957 F.2d 689, 693 (9th Cir. 1991); In re Roberts, 906 F.2d 1440, 1445 (10th Cir. 1990).
. 11 U.S.C. § 523(a)(7)(A).
. 11 U.S.C. § 523(a)(7)(B).
. In re Kish, 238 B.R, 271, 287 (Bankr.D.N.J. 1999).
. McKay v. United States, 957 F.2d at 693 (internal citations omitted).
. 11 U.S.C.§ 523(a)(1)(A).
. Doc. No. 78 at 4.
. 26 U.S.C. § 6072(a)
. 26 U.S.C. § 6651.
. In re Fox, 172 B.R. 247, 250 (Bankr.E.D.Tenn. 1994)(citing Roberts v. United States, 906 F.2d 1440, 1444 & n. 6 (10th Cir. 1990); Paulson v. United States, 152 B.R. 46, 49 (Bankr.W.D.Pa. 1992)).
Reference
- Full Case Name
- IN RE: William C. AIKMAN, Debtor. William C. Aikman, Movant v. Internal Revenue Service
- Cited By
- 2 cases
- Status
- Published