S corporation (S corp) bankruptcies frequently result in an unfunded tax liability for the shareholders. To avoid this result, shareholders have sought to revoke the S corp status before filing for bankruptcy. However, courts have voided this revocation when it is done in contemplation of bankruptcy. A recent case out of the Third Circuit (In Re: The Majestic Star Casino, LLC), however, permitted an S corp revocation when a qualified subchapter S subsidiary (Qsub) was in bankruptcy.
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