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§1399 — No separate taxable entities for partnerships, corporations, etc.

25 cases·10 followed·2 distinguished·1 questioned·4 overruled·8 cited—40% support

Statute Text — 26 U.S.C. §1399

Except in any case to which section 1398 applies, no separate taxable entity shall result from the commencement of a case under title 11 of the United States Code.

25 Citing Cases

DIST. Alphonse Mourad, Petitioner 121 T.C. No. 1 · 2003

Section 1399 provides: “Except in any case to which section 1398 applies, no separate taxable entity shall result from the commencement of a case under title 11 of the United States Code.” Section 1398 is inapplicable since it applies exclusively to individuals.

FOLLOWED Charles A. Sisson & Maralee M. Sisson, Petitioners · 2016

Section 1399 provides: "Except in any case to which section 1398 applies, no separate taxable entity shall result from the commencement ofa case under title 11 ofthe United States Code." Section 1398 applies to Charles Sisson's bankruptcy case because his case is a chapter 11 case and he is an individual debtor.

Mourad v. Commissioner 121 T.C. 1 · 2003

Section 1399 provides: “Except in any case to which section 1398 applies, no separate taxable entity shall result from the commencement of a case under title 11 of the United States Code.” Section 1398 is inapplicable since it applies exclusively to individuals. The legislative history explains: The bill provides that no taxable entity results from

Joshua M. Yaguda & Joeli Yaguda, Petitioners · 2022

As a result, EFI shareholders remained liable for any taxable income generated after the bankruptcy filing, even though no actual 4 Alternatively, petitioners assert that the receivership was a Qualified Settlement Fund within the meaning of section 468B.

Theodore B. Gould and Estate of Helen C. Gould, Deceased, Theodore B. Gould, Executor, Petitioners 139 T.C. No. 17 · 2012

- 35 - did not revest in petitibner before its-transferto the MCLT.26 Petitionertransferred no propertyto the MCLT. Even ifsection 1.671-2(e), Income Tax Regs., applied to the situation herein, the regulations fail to support petitioners' claim. Section 1.671-2(e)(1), Income Tax Regs., provides tlzat the term "grantor" includes persons

Chicago Truck Drivers v. El Paso CGP Co. 525 F.3d 591 · Cir.
Board of Trustees of the IBT Local 863 Pension Fund v. C & S Wholesale Grocers, Inc. 802 F.3d 534 · Cir.
Central States Areas v. Pioneer Ranch Limite · Cir.
Board of Trustees of Trucking Employees of North Jersey Welfare Fund, Inc-Pension Fund v. Kero Leasing Corporation, a New Jersey Corporation Robert C. Holmes, a Proprietor, Individually, Jointly and Severally Holmes Leasing Company, a Proprietorship Robert C. Holmes v. Board of Trustees of Trucking Employees of North Jersey Welfare Fund, Inc.-Pension Fund Board of Trustees of Trucking Employees of North Jersey, Welfare Fund, Inc.-Pension Fund, Board of Trustees of Trucking Employees of North Jersey Welfare Fund, Inc-Pension Fund v. Kero Leasing Corporation, a New Jersey Corporation Robert C. Holmes, a Proprietor, Individually, Jointly and Severally Holmes Leasing Company, a Proprietorship Robert C. Holmes v. Board of Trustees of Trucking Employees of North Jersey Welfare Fund, Inc.-Pension Fund Robert C. Holmes 377 F.3d 288 · Cir.
Chicago Truck Pensio v. El Paso CGP Company · Cir.
1983 Western Reserve Oil & Gas Co. v. Commissioner 95 T.C. 51 · 1990
Pack Expo Services, LLC v. Central States Southeast and Southwest Areas Pensi · Cir.
Event Media Inc. v. Central States Southeast and Southwest Areas Pensi · Cir.
Central States Southeast and Southwest Areas v. Event Media Inc. 135 F.4th 529 · Cir.
Central States Southeast and Southwest Areas Pensi v. Pack Expo Services, LLC · Cir.
Pack Expo Services, LLC v. Central States Southeast and Southwest Areas Pensi · Cir.
Event Media Inc. v. Central States Southeast and Southwest Areas Pensi · Cir.
Central States Southeast and Southwest Areas v. Event Media Inc. · Cir.
Central States Southeast and Southwest Areas Pensi v. Pack Expo Services, LLC · Cir.
Local No 499, Bd of Trustees v. Art Iron, Inc. · Cir.
Trustees of the Plumbers & Pipefitters National Pension Fund v. Plumbing Services, Inc. 791 F.3d 436 · Cir.
Anders Knudsen v. Internal Revenue Service · Cir.
Sofco Erectors, Inc. v. Trustees of the Ohio Operating Eng'rs Pension Fund 15 F.4th 407 · Cir.
New York State Teamsters Conference Pension And Retirement Fund v. Express Services, Inc. 426 F.3d 640 · Cir.
New York State Teamsters Conference Pension & Retirement Fund v. Express Services, Inc. 426 F.3d 640 · Cir.

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