Tax Collections, Bankruptcy & Workouts


Chair: Lawrence A. Sannicandro, McCarter & English LLP, Newark, NJ

Current Developments in Collection Enforcement.
The panelists will provide an update on IRS enforcement efforts within the collection division, including enforcement priorities, recent hiring, the impact of the Taxpayer First Act on collections, and practical strategies when dealing with certifications to the State Department to have taxpayers’ passports revoked.
Moderator: Eli S. Noff, Frost & Associates LLC, Annapolis, MD
Panelists: Paul J. Mamo, Director, IRS Collection, Washington, DC; Bridget Roberts, Acting National Taxpayer Advocate, Taxpayer Advocate Service, Washington, DC; Fran Obeid, MFO Law PC, New York, NY; A. Lavar Taylor, Law Offices of A. Lavar Taylor, Santa Ana, CA
Co-sponsored by: Pro Bono & Tax Clinics

Selected Issues Where Taxes Meet the Bankruptcy Court.
This panel will explore some of the scenarios in which tax issues can become prominent in company bankruptcies. What kind of situations might give rise to a scenario where a proposed restructuring, or a sale of the debtor’s assets, generates a tax liability that cannot be paid, and what happens in a scenario involving that type of “stranded tax?” How do tax sharing agreements – or the lack thereof – play a role in restructuring cases, especially in light of the Rodriguez case being decided by the Supreme Court this term? While these issues have come up frequently in bank holding company bankruptcies where the question being addressed is the legal entity entitled to a cash refund, the harder tax sharing issues arguably arise in different situations that involve questions about payment for the use of tax attributes within a consolidated group. The panel may also explore some of the open questions regarding the proper treatment of certain kinds of tax claims, the bankruptcy court’s power (or lack thereof) to decide the tax consequences of a bankruptcy plan of reorganization, and the use of the IRS as a kind of “super golden creditor” for avoidance actions in bankruptcy.
Moderator: Anthony V. Sexton, Kirkland & Ellis LLP, Chicago, IL
Panelists: The Honorable Christopher S. Sontchi, Chief Judge, US Bankruptcy Court for the District of Delaware, Wilmington, DE; Deborah L. Paul, Wachtell Lipton Rosen & Katz, New York, NY
Co-sponsored by: Corporate Tax and Court Procedure & Practice

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