Schultz v. United States (In re Schultz)

2000 BNH 19, 253 B.R. 135, 44 Collier Bankr. Cas. 2d 436, 2000 Bankr. LEXIS 620, 86 A.F.T.R.2d (RIA) 5113, 2000 WL 1039463
CourtUnited States Bankruptcy Court, D. New Hampshire
DecidedMay 2, 2000
DocketNo. 99-12802-JMD
StatusPublished

This text of 2000 BNH 19 (Schultz v. United States (In re Schultz)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, D. New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schultz v. United States (In re Schultz), 2000 BNH 19, 253 B.R. 135, 44 Collier Bankr. Cas. 2d 436, 2000 Bankr. LEXIS 620, 86 A.F.T.R.2d (RIA) 5113, 2000 WL 1039463 (N.H. 2000).

Opinion

MEMORANDUM OPINION

J. MICHAEL DEASY, Bankruptcy Judge.

I. BACKGROUND

The Court has before it “Debtor’s Objection to Allowance of Certain Portions of the Claim of Internal Revenue Service.” The Internal Revenue Service (“IRS”) has filed a proof of claim on behalf of the [136]*136United States of America asserting an unsecured priority claim of $33,773.27 consisting of taxes and interest and a general unsecured claim of $5,135.64 consisting of penalties. The Debtor objects to the IRS’s claim to the extent that it seeks to treat as priority its interest claims for 1993, 1994, and 1995 and its income tax claims for 1994 and 1995. According to the Debtor, these claims, which total $33,-057.38,1 are not entitled to priority status under 11 U.S.C. § 507(a)(8)(A)(i) because more than three years has elapsed between the due dates for filing the Debtor’s 1993, 1994, and 1995 tax returns (i.e., April 15, 1994, April 15, 1995, and April 15, 1996, respectively) and the filing of the Debtor’s instant bankruptcy case (i.e., September 2, 1999).2 For that reason, according to the Debtor, those portions of the IRS’s claim should be treated as general unsecured claims, not priority claims.

The IRS does not dispute that the Debt- or’s tax liabilities for 1993, 1994, and 1995 became due more than three years prior to the filing of the Debtor’s second bankruptcy petition on September 2, 1999. The IRS argues, however, that the three-year look-back period under section 507(a)(8)(A)(i) of the Bankruptcy Code has been tolled pursuant to 11 U.S.C. § 108(c) and 26 U.S.C. § 6503(h) because the Debt- or filed a prior bankruptcy petition during the three-year period following the tax filing dates for the years in question.3 The Debtor filed an earlier Chapter 13 case on May 3, 1996, which case was dismissed on August 22, 1997 and closed on May 7, 1998.4 Due to the automatic stay contained in 11 U.S.C. § 362(a), the IRS was prevented from the date the petition was filed on May 3, 1996 until the date the Debtor’s case was dismissed on August 22, 1997 from taking action to collect on its [137]*137claims.5 According to the IRS, section 6503(h)(2) of the Internal Revenue Code prevented the IRS from taking collection action for an additional six-month period or until February 21, 1998. The IRS argues that pursuant to section 108(c) of the Bankruptcy Code and section 6503(h)(2) of the Internal Revenue Code, the three-year period contained in section 507(a)(8)(A)(i) should be tolled by the period that the Debtor was previously in bankruptcy plus the additional six-month period. In other words, the Debtor’s time in the prior bankruptcy, plus an additional six-month period, should not be included in determining whether the Debtor’s tax debts were due within three years before the filing of his second bankruptcy petition. In the instant case, the effect of tolling would be to extend the look-back period to November 7, 1994 from the date of September 3, 1996,6 which would result in priority status for some portions of the IRS’s claim.

This Court has jurisdiction of the subject matter and the parties pursuant to 28 U.S.C. §§ 1334 and 157(a) and the “Standing Order of Referral of Title 11 Proceedings to the United States Bankruptcy Court for the District of New Hampshire,” dated January 18, 1994 (DiClerico, C.J.). This is a core proceeding in accordance with 28 U.S.C. § 157(b).

II. DISCUSSION

A. Burden of Proof

The Bankruptcy Appellate Panel for the First Circuit recently outlined the burden of proof in claims objection cases.

Fed.R.Bankr.P. 3001(f) provides that “a proof of claim executed and filed in accordance with these rules shall constitute prima facie evidence of the validity and amount of the claim.” If a debtor offers substantial evidence to support its objection to a claim, the claimant is required to come forward with evidence to support its claims, In re Hemingway Transport, Inc., 993 F.2d 915, 925 (1st Cir.1993), cert. denied, 510 U.S. 914, 114 S.Ct. 303, 126 L.Ed.2d 251 (1993), and bears the burden of proving its claims by a preponderance of the evidence. In re WHET, Inc., 33 B.R. 424, 437 (Bankr.D.Mass.1983).

Long v. Matrix Capital Bank (In re Long), BAP No. MB 99-019 (1st Cir. BAP Mar. 31, 2000). It is undisputed that the IRS filed an amended proof of claim on November 15, 1999 asserting a total claim of $38,908.81. On December 3, 1999, the Debtor objected to portions of the IRS’s claim as outlined above. Because the Debtor has offered substantial evidence to support his objection to portions of the IRS’s claim, the IRS must come forward with evidence to support its claim. As indicated by the First Circuit BAP, the IRS bears the burden of proving its claims by a preponderance of the evidence. See id.

B. Treatment of 1993 Interest Claim

The IRS conceded at the hearing on the Debtor’s objection to portions of the IRS’s proof of claim that its claim for interest with respect to the Debtor’s 1993 tax liabil[138]*138ity should be treated as a general unsecured claim. The Debtor’s 1993 tax return was due by April 15, 1994. The IRS assessed liability on May 16, 1994. Pursuant to section 507(a)(8)(A)(i) of the Bankruptcy Code, the IRS’s claim with respect to the Debtor’s 1993 taxes would be entitled to priority status so long as the Debtor filed for bankruptcy no later than April 14, 1997. The Debtor filed the instant case on September 2, 1999. Even if the Court were to find that tolling applied pursuant to section 108(c) of the Bankruptcy Code and section 6503(h) of the Internal Revenue Code and that the IRS was prevented from collecting the 1993 liability from the Debtor for 477 days during the Debtor’s first bankruptcy case from May 3, 1996 until August 22, 1997 and then for an additional six-month period afterward, the 1993 liability would not fall within the three-year look-back period as tolled. The Debtor’s 1993 tax return was due on April 15, 1994, which does not fall after the extended look-back deadline of May 6, 1995, or the even further extended deadline of November 7, 1994. In other words, even if tolling were to apply (either during the period of the Debtor’s prior bankruptcy or during that period plus an additional six-month period), the Debtor’s 1993 tax return was still due before either of these extended look-back periods.

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2000 BNH 19, 253 B.R. 135, 44 Collier Bankr. Cas. 2d 436, 2000 Bankr. LEXIS 620, 86 A.F.T.R.2d (RIA) 5113, 2000 WL 1039463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schultz-v-united-states-in-re-schultz-nhb-2000.