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U.S. Code as of:
01/19/04
Section 728. Special tax provisions
(a) For the purposes of any State or local law imposing a tax on
or measured by income, the taxable period of a debtor that is an
individual shall terminate on the date of the order for relief
under this chapter, unless the case was converted under section
1112 or 1208 of this title.
(b) Notwithstanding any State or local law imposing a tax on or
measured by income, the trustee shall make tax returns of income
for the estate of an individual debtor in a case under this chapter
or for a debtor that is a corporation in a case under this chapter
only if such estate or corporation has net taxable income for the
entire period after the order for relief under this chapter during
which the case is pending. If such entity has such income, or if
the debtor is a partnership, then the trustee shall make and file a
return of income for each taxable period during which the case was
pending after the order for relief under this chapter.
(c) If there are pending a case under this chapter concerning a
partnership and a case under this chapter concerning a partner in
such partnership, a governmental unit's claim for any unpaid
liability of such partner for a State or local tax on or measured
by income, to the extent that such liability arose from the
inclusion in such partner's taxable income of earnings of such
partnership that were not withdrawn by such partner, is a claim
only against such partnership.
(d) Notwithstanding section 541 of this title, if there are
pending a case under this chapter concerning a partnership and a
case under this chapter concerning a partner in such partnership,
then any State or local tax refund or reduction of tax of such
partner that would have otherwise been property of the estate of
such partner under section 541 of this title -
(1) is property of the estate of such partnership to the extent
that such tax refund or reduction of tax is fairly apportionable
to losses sustained by such partnership and not reimbursed by
such partner; and
(2) is otherwise property of the estate of such partner.
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