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Ep. 230 - Majestic Star Casino (2/2) - August 19, 2013

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WILMINGTON, Del., Nov 23 (Reuters) - U.S. casino operator Majestic Star Casino LLC The company, which employs 2,, has two Majestic brand casinos The case is In re: Majestic Star Casino, U.S. Bankruptcy Court.


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(β€œIn re The. Majestic Star Casino, LLC”), examined, for the first time at the federal appellate court level, whether S corporation status and qualified subchapter S.


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Patrick Feeney. With that in mind, the court parted ways with the line of cases following In re Trans-Lines West, Inc. Barden, who was taxed accordingly. In Majestic , the Third Circuit set forth an extensive discussion of the treatment of tax status in bankruptcy cases, even going out of its way so as to question all other courts to have considered whether S-corp status is estate property. Barden Development, Inc. Jun 05, More from the Bankruptcy Blog. The contents of this website may contain attorney advertising under the laws of various states. Prior results do not guarantee a similar outcome. Andrew Citron. In reaching this conclusion, the Third Circuit recognized that even though estate property is construed broadly and is generally defined by state law, it is the Internal Revenue Code, rather than state law, that determines the characterization of tax status as a property interest for the purposes of the Bankruptcy Code. Automatic Stay.

Contributed by Doron P. Get the latest views and developments in the restructuring world from the Business Finance and Restructuring team at Weil Subscribe Today! Jan Ronit J. Further, the court noted that treatment of QSub status as property of the debtor would necessarily place unreasonable restrictions on in re majestic star casino llc nondebtor parent.

Restructure In re majestic star casino llc Inbox! After the Majestic debtors commenced their bankruptcy cases, Mr. Get the latest views and developments in the restructuring world from the Business Finance and Restructuring team at Weil. If the termination of S-corp or QSub status were avoidable, then any income generated by the debtor would remain with the debtor, while the tax burden could be shifted back to the shareholders.

Moreover, the value of an S-corp election is subject to the amount and timing of future earnings and it cannot be monetized i. Remind Me Later.

Instead, its income and losses were passed through to its sole shareholder, Don H. Supreme Court. Accordingly, Mr.