· 12/17/1986
Brickley v. United States (In Re Brickley)
Citations
- 70 B.R. 113
- 1986 Bankr. LEXIS 4775
- 59 A.F.T.R.2d (RIA) 923
- 15 Bankr. Ct. Dec. (CRR) 751
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that 11 U.S.C. § 108(c) in conjunction with 26 U.S.C. § 6503 suspended the three-year tax collection period in § 11 U.S.C. § 507(a)(7)(A)® while the debtor’s assets were protected by the bankruptcy court
- applying I.R.C. § 6503(b) 2 tolling statute to § Code § 507(a)(7)(A)
- “Congress did not intend to allow tax avoidance through bankruptcy by permitting the discharge of the debtor before the taxing authority has had a fair opportunity to collect taxes due.”
- § 6503 is applicable non-bankruptcy law under § 108(c), such that § 6503 statute of limitations is suspended during automatic stay
- 11 U.S.C. § 108(c) in conjunction with 26 U.S.C. § 6503 suspends the three year tax collection period in 11 U.S.C. § 507(a)(7)(A)© while the debtor’s assets were protected by the Bankruptcy Court
- \Congress did not intend to allow tax avoidance through bankruptcy by permitting the discharge of the debtor before the taxing authority has had a fair opportunity to collect taxes due.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Meyers, Elliott, Ashland
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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