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    IRS issues final regulations permitting plan sponsors to eliminate prohibited payment options
    2012-11-20

    Under Internal Revenue Code (“Code”) section 436, unless a defined benefit pension plan sponsored by a debtor in bankruptcy is fully funded, the plan may not make “prohibited payments” (i.e., lump sum payments or payments in any other form that exceed the monthly amount under a single life annuity). Moreover, the anti-cutback rule in Code section 411(d)(6) prohibits a plan from being amended to eliminate an optional form of benefit.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Tax, Haynes and Boone LLP, Bankruptcy, Debtor, Defined benefit pension plan, Actuary, Internal Revenue Service (USA), Internal Revenue Code (USA)
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    IRS final regulations allow pension plan sponsors in bankruptcy to eliminate prohibited payment options
    2012-11-13

    Under Section 436 of the Internal Revenue Code, a single employer defined benefit plan sponsored by a company in bankruptcy cannot pay any “prohibited payments” (e.g., lump sums, Social Security level income annuity payments) if the plan is less than 100% funded. In June 2012, the IRS issued proposed regulations permitting such a defined benefit plan to be amended to eliminate prohibited payment forms without violating the anti-cutback requirements of Internal Revenue Code Section 411(d)(6) if certain conditions are satisfied.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Tax, Seyfarth Shaw LLP, Bankruptcy, Defined benefit pension plan, Internal Revenue Service (USA), Internal Revenue Code (USA)
    Authors:
    Linda J. Haynes , Jonathan D. Karelitz
    Location:
    USA
    Firm:
    Seyfarth Shaw LLP
    World’s longest letter ruling
    2012-11-01

    LTR 201240017 is the world’s longest letter ruling, 111 pages in PDF format. Not surprisingly, it is a Section 355 ruling. It was issued three-and-a-half months after the original submission, with those dates bridging Christmas and New Year’s Day. There were seven additional submissions from the taxpayer in the interim. The release of the ruling was delayed for a couple of months.

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Tax, Alston & Bird LLP, Liquidation, Holding company
    Authors:
    Jasper L. (Jack) Cummings , Jr.
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Low-income housing tax credits must be included in valuing section 506(a) collateral
    2012-10-15

    In re Creekside Senior Apartments, LP, 2012 Fed App. 0008P (6th Cir. B.A.P. June 29, 2012)

    CASE SNAPSHOT

    In a case of first impression, the Sixth Circuit BAP held that, for purposes of valuing collateral under section 506(a) of the Bankruptcy Code, the availability of Low-Income Housing Tax Credits must be considered in valuing a creditor’s secured claim.

    FACTUAL BACKGROUND

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Tax, Reed Smith LLP, Debtor, Collateral (finance), Tax credit, Limited partnership, Sixth Circuit
    Authors:
    Ann E. Pille
    Location:
    USA
    Firm:
    Reed Smith LLP
    Sixth Circuit holds that severance pay is not subject to FICA taxes
    2012-10-10

    A few weeks ago, the Sixth Circuit affirmed the Western District Court of Michigan’s holding in U.S. v. Quality Stores Inc., 424 B.R. 237 (W.D. Mich. 2010), that severance payments made to employees pursuant to an involuntary reduction in force were not “wages” for Federal Insurance Contribution Act (“FICA”) tax purposes. U.S. v. Quality Stores Inc., No. 10-1563 (6th Cir. 2012). The Sixth Circuit’s decision creates a circuit court split with the Federal Circuit and its 2008 decision in CSX Corporation v. United States, 518 F.3d 1328 (Fed. Cir. 2008).

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Tax, Winston & Strawn LLP, Wage, Unemployment benefits, Federal Insurance Contributions Act tax, Severance package, Sixth Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Sixth Circuit says severance payments not subject to FICA
    2012-10-08

    Summary

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Tax, Ulmer & Berne LLP, Unemployment benefits, Federal Insurance Contributions Act tax, Severance package, Internal Revenue Service (USA), Sixth Circuit
    Authors:
    John C. Goheen , Patricia A. Shlonsky , Michael T. Tangry
    Location:
    USA
    Firm:
    Ulmer & Berne LLP
    Delinquent property tax collection: foreclosure may be vulnerable
    2012-09-25

    Williams v. City of Milwaukee City Clerk (In re Williams), 473 B.R. 307 (Bankr. E.D. Wis. 2012) –

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Tax, Troutman Pepper, Property tax, Mortgage loan, Foreclosure, Fair market value, Tax lien
    Location:
    USA
    Firm:
    Troutman Pepper
    IRS issues new regulations defining “publicly traded property” for purposes of determining the issue price of debt instruments that are significantly modified in a restructuring or issued for property
    2012-09-26

    I. Summary

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Tax, Cadwalader Wickersham & Taft LLP, Public company, Debt, Chicago Board Options Exchange, Securities Exchange Act 1934 (USA)
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Recent case serves as a reminder that both tax and bankruptcy law implications should be considered
    2012-09-17

    In 2012, several judicial opinions have reminded directors, officers and “responsible persons” that personal liability may be imposed for business taxes. See our alert from June 20, 2012. Responsible persons are reminded again that not only will authorities impose liability for unpaid taxes of a business on individuals but that the imposition of such taxes may not be dischargeable in bankruptcy.

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Litigation, Tax, Dykema Gossett PLLC, Bankruptcy, Excise, US Code, United States bankruptcy court
    Authors:
    Wayne D. Roberts , Steven E. Grob , William C. Lentine , Anthony Ilardi, Jr.
    Location:
    USA
    Firm:
    Dykema Gossett PLLC
    Sixth Circuit Court of Appeals holds certain severance payments are not subject to FICA tax
    2012-09-19

    On September 7, the Sixth Circuit Court of Appeals issued a decision (United States v. Quality Stores, Inc.) holding that certain severance payments are not "wages" subject to Federal Insurance Contributions Act (FICA) tax, and upheld a bankruptcy court’s decision ordering a full refund of more than $1 million of FICA taxes paid by an employer with respect to severance payments it made to employees whose positions were eliminated in connection with the bankruptcy.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Insurance, Litigation, Tax, Bass Berry & Sims PLC, Wage, Federal Insurance Contributions Act tax, Severance package, Sixth Circuit
    Location:
    USA
    Firm:
    Bass Berry & Sims PLC

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