Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2014
 

Sales and Use Tax Annotations


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C

170.0000 COLLECTION OF TAX BY BOARD

Annotation 170.1262

(b) LIABILITY OF CORPORATE OFFICER

170.1262 Discharge in Bankruptcy—Corporate Officer. The Board held a corporate officer liable for taxes owed by the corporation for the period of April 1, 1984, through June 15, 1987. The corporate officer claimed that the liability in question is an excise tax and that, pursuant to 11 U.S.C. section 507(a)(7)(E), he is discharged of any liability since returns were filed by the corporation during the period in question and the liability arose more than three years prior to the filing of the corporate officer's bankruptcy petition.

Pursuant to U.S.C. section 523(a), a bankruptcy discharge does not discharge an individual debtor from debt when such debt is neither listed nor scheduled in the corporate officer's bankruptcy petition. Since the liability was not listed, the corporate officer cannot be discharged in a Chapter 7 bankruptcy. 7/31/95.