City of Philadelphia v. Carpino

915 A.2d 169, 2006 Pa. Commw. LEXIS 687
CourtCommonwealth Court of Pennsylvania
DecidedDecember 27, 2006
StatusPublished
Cited by4 cases

This text of 915 A.2d 169 (City of Philadelphia v. Carpino) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Philadelphia v. Carpino, 915 A.2d 169, 2006 Pa. Commw. LEXIS 687 (Pa. Ct. App. 2006).

Opinion

OPINION BY

Judge LEAVITT.

James Carpino appeals the summary judgment granted to the City of Philadelphia by the Court of Common Pleas of Philadelphia County (trial court) after reconsideration of the trial court’s initial denial of the City’s motion for summary judgment. The trial court ordered Carpi-no to pay the City certain unpaid taxes even though these taxes had been identified as unsecured debts in Carpino’s Chapter 7 bankruptcy petition, which petition was granted. Finding no error in the trial court’s conclusion that the taxes were debts that were exempt from discharge under the Bankruptcy Code, we affirm.

The facts in this matter are not contested. On September 20, 2004, the City initiated litigation against Carpino to collect (1) unpaid Business Privilege Taxes for tax years 1997 through 2000 and (2) unpaid Net Profits Taxes for years 1996 through 2000. The amount owing, including interest and penalties, totaled $188,264.35 as of September 30, 2004. Carpino filed an answer admitting that he had not paid the taxes in question and that he had not appealed the taxes to the Tax Review Board. However, in new matter, Carpino asserted that because he had listed the City as a creditor and the taxes in question as debts in his bankruptcy petition, the taxes were included in the discharge granted by the bankruptcy court on De[171]*171cember 19, 2000. The City, Carpino asserted, should have sought payment of these unpaid taxes by filing a proof of claim in the bankruptcy proceeding. Because it had failed to file a proof of claim, the City was barred from collecting these taxes in post-discharge litigation. In its reply to Carpino’s new matter, the City asserted that as a matter of statutory law, ie., the Bankruptcy Code, the taxes were not dischargeable and, thus, the City’s failure to file a proof of claim was of no moment.

Thereafter, the City filed a motion for summary judgment. In support, the City asserted that there were no facts in dispute because Carpino admitted he never paid the taxes in question. Further, the City asserted that as a matter of bankruptcy law, taxes owed to the City were not discharged because the Bankruptcy Code treats tax debts differently from other debts. Specifically, the Bankruptcy Code provides a three year “look back” from the date of the filing of a petition and any taxes that come due during the look back period are excepted from a discharge in bankruptcy. The taxes the City sought to collect in its collection action fell within the three year look back period.

Carpino responded to the motion for summary judgment in two ways. First, he asserted that there was an issue of fact as to the amount due. Second, he argued that the tax debts were discharged because the City had failed to contest the dischargeability of the taxes in the bankruptcy court. The trial court denied summary judgment on October 14, 2005, and its order was docketed on October 20, 2005.

On November 15, 2005, the City filed a motion for reconsideration. The City argued that the relevant Bankruptcy Code provisions, even those cited by Carpino, supported judgment in the City’s favor. Carpino responded that the City’s motion for reconsideration was untimely under Pennsylvania Rule of Civil Procedure 227.1 because it was not filed within ten days of October 14, 2005, the date of the trial court’s order denying summary judgment. Carpino also incorporated by reference his earlier response to the City’s summary judgment motion.

On December 8, 2005, the trial court granted the City’s motion for reconsideration and entered judgment in favor of the City. The trial court held that the City’s motion for reconsideration was not governed by Pa. R.C.P. No. 227.1 (which deals with post-trial motions) and that Carpino erred in his understanding of the Bankruptcy Code. Carpino then filed the instant appeal with this Court.1

On appeal, Carpino raises two issues.2 First, Carpino contends that the trial court erred in holding that his obligation to pay the business privilege and net profits taxes in question was not discharged by the filing of his bankruptcy petition on January 20, 2000. Second, Carpino contends that the trial court erred in granting summary judgment because the City’s reconsideration motion was untimely filed. We consider these issues seriatim.

We begin with the principal issue on appeal, namely, whether the City’s ac[172]*172tion to collect Carpino’s unpaid taxes has been barred by the discharge granted by the bankruptcy court on December 19, 2000. Because the business privilege and net profits taxes for the years 1997 through 2000 were identified in schedule E of his bankruptcy petition, Carpino contends that they were discharged on December 19, 2000. Although Carpino acknowledges that some taxes are exempted from discharge as a general proposition, he contends that there is a genuine issue of fact on whether the particular taxes raised in the City’s complaint were exempted. The City responds that under the Bankruptcy Code, the taxes in question are exempted from discharge and on the facts relevant to this legal question, there is no dispute.

We begin with a review of the relevant provisions of the Bankruptcy Code. Section 523 establishes that debtors seeking bankruptcy protection will not be excused from paying certain tax debts. Section 523(a)(1) states, in relevant part, as follows:

(a) A discharge under ... this title does not discharge an individual debtor from any debt—
(1) for a tax or a customs duty—
(A) of the kind and for the periods specified in section 507(a)(3) or 507(a)(8) of this title whether or not a claim for such tax was filed or allowed:
(B) with respect to which a return, or equivalent report or notice, if required—
(i) was not filed or given; or
(ii) was filed or given after the date on which such return, report, or notice was last due, under applicable law or under any extension, and after two years before the date of the filing of the petition;

11 U.S.C. § 523(a)(1) (emphasis added). Section 507, to which Section 523 refers, excepts certain unsecured tax claims from discharge. Specifically, Section 507(a)(8) excepts allowed unsecured claims of governmental units, to the extent these claims are for

(A) A tax on or measured by income or gross receipts for a taxable year ending on or before the date of the filing of the petition—
(i) for which a return, if required, is last due, including extensions, after three years before the date of the filing of the petition;

11 U.S.C. § 507(a)(8)(A)(i).

Although presented in a convoluted fashion, Section 523 does two things. First, as explained by the United States Supreme Court

a discharge under [Section 523 of the] Bankruptcy Code does not extinguish certain tax liabilities for which a return was due within three years before the filing of an individual debtor’s petition. 11 U.S.C. §§ 523

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Bluebook (online)
915 A.2d 169, 2006 Pa. Commw. LEXIS 687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-philadelphia-v-carpino-pacommwct-2006.