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U.S. Supreme Court

Supreme Court Bankruptcy Ruling Denies Tax Exemption

Posted Jun 16, 2008 8:52 AM CST
By Debra Cassens Weiss

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The U.S. Supreme Court has denied a tax exemption for assets transferred from Piccadilly Cafeterias Inc. to another company before its bankruptcy reorganization received court approval.

The 7-2 ruling for Florida favors state tax collectors, the Associated Press reports.

Federal bankruptcy law bars stamp taxes on assets transferred to a new owner under a court-approved reorganization plan. At issue is whether the ban applied to taxes imposed on a transfer before approval.

In his ruling for the majority, Justice Clarence Thomas wrote that the exemption doesn't apply unless a bankruptcy plan has received approval.

The case is Florida Department of Revenue v. Piccadilly (PDF posted by SCOTUSblog).

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