DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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082820P.pdf 09/16/2009 Anders Knudsen v. Internal Revenue Service
U.S. Court of Appeals Case No: 08-2820
and No: 08-3627
U.S. District Court for the Northern District of Iowa - Cedar Rapids
[PUBLISHED] [Smith, Author, with Riley and Colloton, Circuit Judges]
Civil case - bankruptcy. A Chapter 12 debtor may treat postpetition
income taxes imposed on the debtor's income earned during the pendency
of the case as administrative expenses under 11 U.S.C. Sec. 503; debtors'
prepetition sale of their slaughter hogs in 2004 constitutes sale of a farm
asset used in the debtors' farming operation under 11 U.S.C. Sec.
1222(a)(2)(A); the marginal method is the correct method to determine
the allocation of taxes between priority and non-priority claims under
Sec. 1222(a)(2)(A); remanded to the bankruptcy court with instructions to
confirm debtors' Fifth Amended and Substituted Plan of Reorganization.
Judge Colloton, concurring in the judgment in part and dissenting in part.