charsetndows-1252
Interesting argument but don't ignore the effect of 507(a)(8)(C), "a tax required to be collected or withheld and for which the debtor is liable in whatever capacity" which is imported into 523(a)(1). Debtor may be liable for the tax anyway.
That isn't exactly your point, but seems relevant anyway.
Jason
Jason Wallach
jwallach@gladstonemichel.com
On Jan 25, 2012, at 2:13 PM, Mark J. Markus wrote:
> Debtor is an officer of a corporation. Corporation owes sales taxes. Corporation has a bond in place which will likely pay the sales taxes (I don't have details on the bond, but that's what he says). Debtor signed a personal guarantee on the bond, so bond can come after him personally if they pay the sales taxes.
>
> 523(a)(14a) excepts from discharge any debt incurred to pay a tax "of the kind set forth in 523(a)(1)".
>
> My argument is that the sales taxes were the corporation's responsibility, not the individual debtors, and therefore he didn't incur the debt to pay taxes THAT HE OWED. In fact, I suppose it could be argued that the debt itself (the guaranty on the bond....unless it was specifically earmarked for tax payments) could have been used for anything, so it wasn't for a tax.
>
> Anyone deal with this or know of cases one way or the other?
>
> Too esoteric for a Wednesday?
>
>
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charsetndows-1252
Interesting argument but don't ignore the effect of 507(a)(8)(C), "a tax required to be collected or withheld and for which the debtor is liable in whatever capacity" which is imported into 523(a)(1). Debtor may be liable for the tax anyway.That isn't exactly your point, but seems relevant anyway.Jason
Jason Wallach
The post was migrated from Yahoo.