Pergament v. United States (In re Barden)

Second Circuit

Pergament v. United States (In re Barden)

105 F.3d 821

CourtCourt of Appeals for the Second Circuit

DecidedJanuary 29, 1997

DocketNo. 745, Docket 96-5060

StatusPublished

Cited by1 cases

This text of 105 F.3d 821 (Pergament v. United States (In re Barden)) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Pergament v. United States (In re Barden), 105 F.3d 821 (2d Cir. 1997).

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Opinion

PER CURIAM:

Marc A. Pergament, Chapter 7 Trustee of the Estate of Ruby P. Barden, appeals from a judgment entered in April 1996 in the United States District Court for the Eastern District of New York, Arthur D. Spatt, J. That judgment affirmed a decision of the bankruptcy court, which denied the Trustee’s application to use the one-time capital gains tax exclusion on the sale of a residence, pursuant to 26 U.S.C. § 121, for the benefit of the bankruptcy estate. Judge Spatt also ruled that the Trustee had to use the debt- or’s basis in the real property, rather than a “stepped-up” basis, to determine the capital gains tax owed by the estate. The trustee argues that the district court erred on both of these issues.

We affirm the judgment of the district court for the reasons given by Judge Spatt in his opinion, reported at 205 B.R. 451.

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PER CURIAM:

Marc A. Pergament, Chapter 7 Trustee of the Estate of Ruby P. Barden, appeals from a judgment entered in April 1996 in the United States District Court for the Eastern District of New York, Arthur D. Spatt, J. That judgment affirmed a decision of the bankruptcy court, which denied the Trustee’s application to use the one-time capital gains tax exclusion on the sale of a residence, pursuant to 26 U.S.C. § 121, for the benefit of the bankruptcy estate. Judge Spatt also ruled that the Trustee had to use the debt- or’s basis in the real property, rather than a “stepped-up” basis, to determine the capital gains tax owed by the estate. The trustee argues that the district court erred on both of these issues.

We affirm the judgment of the district court for the reasons given by Judge Spatt in his opinion, reported at 205 B.R. 451.

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105 F.3d 821, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pergament-v-united-states-in-re-barden-ca2-1997.

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