X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Submitted: May 13, 2009

Before RILEY, SMITH, and COLLOTON, Circuit Judges.

Section 1222(a)(2)(A) of 11 U.S.C. provides that a debtor’s Chapter 12 plan must provide for the full payment of all priority claims under 11 U.S.C. § 507 “unless . . . the claim is a claim owed to a governmental unit that arises as a result of the sale . . . of any farm asset used in the debtor’s farming operation, in which case the claim shall be treated as an unsecured claim that is not entitled to priority under section 507 . . . .” In these consolidated appeals, the government challenges the applicability of § 1222 to income taxes arising out of sales of the property of the debtors, Anders H. Knudsen and Cynthia J. Knudsen (No. 08-2820) and James Daniel Schilke (No. 08-3627). In Nos. 08-2820 and 08-3627, the government asserts that § 1222(a)(2)(A) is inapplicable to the debtors’ post-petition sale of farm assets. In No. 08-2820, the government contends that (1) the Knudsens’ prepetition sale of their slaughter hogs does not constitute a sale of a “farm asset used in the debtor’s farming operation” under § 1222(a)(2)(A) and (2) the proper method for allocating the Knudsens’ 2004 tax liability between the tax arising out of the transactions within the scope of § 1222(a)(2)(A) and the tax arising from those transactions outside of its scope is the “proration method” as opposed to the “marginal method.”

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

The Asia Legal Awards (ASLA) 2022

June 29, 2022
Hong Kong

Where the region's top lawyers, law firms and in-house teams will gather to celebrate their most stellar achievements of the year.


Learn More

Pennsylvania Legal Awards 2022 (PALA)

June 29, 2022
PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania with their dedication to law.


Learn More

Elite Trial Lawyers 2022 (ETL)

July 14, 2022
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More

GENERAL LIABILITY ATTORNEY- LONG ISLAND-NEW YORK


Mineola firm with national practice seeks talented, experienced (3-5 years post-admission) attorneys with deposition experience to handle co...


Apply Now ›

Deputy Chief Prosecutor, Fort McMurray


JOB INFORMATION Job Title: Deputy Chief Prosecutor, Fort McMurrayJob Requisition ID: 20880 Ministry: Justice & Solicitor General Locatio...


Apply Now ›

Low Income Taxpayer Clinic Supervising Attorney


The College of Law at Georgia State University currently seeks qualified applicants for the position of Clinical Supervising Attorney. Along...


Apply Now ›

MCCORMICK & PRIORE, P.C.

06/23/2022
TLI Web

IN MEMORIUM: With a profound sense of sadness, McCormick & Priore announces that Harry A Short, Jr., a preeminent products liability defense lawyer in Philadelphia with a career that spanned over sixty-five (65) years, passed away on June 14, 2022.


View Announcement ›

STARR GERN DAVISON & RUBIN

06/20/2022
NJLJ Web

Starr Gern Davison & Rubin, PC. Attorneys at Law are pleased to announce that SHELLEY L. STANGLER, ESQ. has joined the firm as of Counsel.


View Announcement ›