Tax Sharing Agreements — A Tale Of 2 Jurisdictions

Law360, New York (September 18, 2013, 6:13 PM EDT) -- Oftentimes, tax planning can be an important part of assessing an estate’s available assets and preserving the value of such assets for the benefit of the reorganized debtor and its creditors. A recent decision analyzed the scope of tax sharing agreements as part of a bankruptcy estate.

In Zucker v. FDIC (In re BankUnited Fin. Corp.), No. 12-11392, 2013 U.S. App. LEXIS 16896 (11th Cir. Aug. 15, 2013), the Eleventh Circuit Court of Appeals found that tax refunds received by a parent corporation which, pursuant to...
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