Assessable Yet Not Assessed Taxes Could Cost You a Malpractice Claim

By Cathy Moran, Esq., (Redwood City, CA)

Eighteen years elapsed between the close of the 2003 tax year and the Tax Court’s 2021 decision Barnes v. Comm'r, T.C. Memo. 2021-49 (U.S.T.C. May 4, 2021) regarding the debtors’ 2003 tax liability.

While the most recent decision in the debtors’ battle with the IRS challenged the discretion of a tax officer in rejecting debtors’ settlement offer after completion of debtors’ Chapter 11, the case is instructive to Chapter 13 lawyers for two points:

taxes that are not assessed, but . . .

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Critical Case Comment

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By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN) There is no requirement to show a change in circumstance in order to modify a Chapter 13 plan pursuant to § 1329. Whaley v. Guillen (In re Guillen), 2020 WL 5015287 (11th Cir. Aug. 25, 2020) (Marcus) Case Summary Rachel Guillen filed a Chapter 13 petition in August of 2015....

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The Honorable William Houston Brown

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