(Rock Island) The Certificate of Achievement for Excellence in Financial been awarded to Rock Island County by the Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report (CAFR).  The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment be a government and its management.

An Award of Financial Reporting Achievement has been awarded to April L. Palmer, Rock Island County Auditor, as the primarily responsible individual for preparing the award winning CAFR.  Ms. Palmer has been an employee of Rock Island County for over 18 years and has been serving in the capacity of the County Auditor since April of 2011.  She was formally appointed to the office on May 18, 2011 after serving as Chief Deputy to former Auditor Diana L. Robinson prior to that time.

The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a constructive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR.  The GFOA is a non-profit professional association serving approximately 17,500 government finance professionals with offices in Chicago, Illinois, and Washington, DC.

The Rock Island County Board is extremely proud of the accomplishments of Ms. Palmer and commends her for the achievement.  The CAFR is available for review on the Rock Island County website, www.rockislandcounty.org

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WASHINGTON - Senator Chuck Grassley will meet with Iowans in 36 counties in January, including 25 town meetings.

Grassley has held at least one meeting in each of Iowa's 99 counties every year since he was first elected to the U.S. Senate in 1980.

The January 2012 meetings will take place in Riceville, Charles City, New Hampton, Waverly, Waterloo, Clarion, Dakota City, Algona, Forest City, Garner, Hampton, Mason City, Manly, Osage, Calmar, West Union, Independence, Manchester, Vinton, Gladbrook, Centerville, Albia, Chariton, Corydon, Garden Grove, Mt. Ayr, Creston, Osceola, Winterset, Greenfield, Panora, Grimes, Grand Junction, Boone, Ames, Le Grand.

"I look forward to these meetings to hear directly from Iowans and to have the kind of dialogue that's so important to the process of representative government.  I like to say this process is a two-way street.  I need to go to people to answer questions and listen to comments, and they need to come out and participate in the discussion," Grassley said.

In addition to regular, face-to-face meetings in Iowa and with Iowans in Washington when the Senate is in session, Grassley responds to every letter, email and phone call from Iowans.  He also communicates via Facebook, Twitter and at http://grassley.senate.gov.  Grassley is a regular guest on public affairs broadcasts statewide where he responds to questions.

Below is more information about his January meetings.  The town meetings are open to the public.  Local hosts should be contacted regarding other meetings.  Grassley will be available for interviews with local reporters for 15 minutes after every meeting.*

Thursday, January 5

7-8 a.m.

Speak to the Riceville Kiwanis Club

Windy Tree Cafe

101 East Main Street in Riceville

 

9:15-10:15 a.m.

Tour School and Q&A with 5th and 6th Grade Students

Immaculate Conception Elementary School

1203 Clark Street in Charles City

 

10:45-11:15 a.m.

Floyd County Farm Bureau Coffee

North Iowa Area Community College Center, Room 110

200 Harwood Drive in Charles City

 

12-1 p.m.

Chickasaw County Town Meeting

Chickasaw Wellness Complex, Multipurpose Room

1050 West Hamilton Street in New Hampton

 

2:15-3:15 p.m.

Bremer County Town Meeting

Wartburg College, Whitehouse Business Center 214

100 Wartburg Boulevard in Waverly

 

Friday, January 6

7:30-8:30 a.m.

Tour Facility and Q&A with Employees

Engineered Products

2940 Airport Boulevard in Waterloo

 

Tuesday, January 10

8:30-9:15 a.m.

Q&A with U.S. History II Students

Clarion Goldfield High School

1111 Willow Drive in Clarion

*Grassley's media availability in Clarion will be at 8:15 a.m., in advance of the event, rather than immediately following.

 

10-11 a.m.

Humboldt County Town Meeting

VFW Post

412 Main Street in Dakota City

 

12:45-1:45 p.m.

Kossuth County Town Meeting

County Courthouse, Assembly Room

114 West State Street in Algona

 

3:15-4:15 p.m.

Winnebago County Town Meeting

Waldorf College, Salveson Ballroom

1006 South 6th Street in Forest City

 

5:15-6:15 p.m.

Hancock County Town Meeting

Garner Education Center

325 West 8th Street in Garner

 

Wednesday, January 11

7:30-8:30 a.m.

Franklin County Town Meeting

Center 1 Chamber, Large Room

5 1st Street SW in Hampton

 

9:45-10:45 a.m.

Q&A with Students

Newman Catholic High School

2445 19th Street SW in Mason City

 

11:30 a.m.-12:30 p.m.

Worth County Town Meeting

Manly City Hall

106 South Broadway in Manly

 

1:30-2:30 p.m.

Mitchell County Town Meeting

Krapek Family Fine Arts Center, Cedar River Complex

809 Sawyer Drive in Osage

 

4:45-5:45 p.m.

Winneshiek County Town Meeting

Calmar Public Library, Community Room

101 South Washington Street in Calmar


Thursday, January 12

7:30-8:30 a.m.

Tour Facility and Q&A with Employees

Art's Way Manufacturing

706 Highway 150 South in West Union

 

10-11 a.m.

Buchanan County Town Meeting

County Courthouse, Assembly Room

210 5th Avenue NE in Independence

 

12-1 p.m.

Delaware County Town Meeting

Manchester Public Library

304 North Franklin in Manchester

 

2:45-3:45 p.m.

Benton County Town Meeting

City Hall, City Council Chambers

110 West 3rd Street in Vinton

 

5-6 p.m.

Tama County Town Meeting

American Legion

Corner of Johnston and Front streets in Gladbrook

 

Monday, January 16

5-6 p.m.

Appanoose County Weekly Meal at Faith United Methodist Church, Q&A with Attendees

23851 Highway 5 South in Centerville 

 

Tuesday, January 17

7:30-8:30 a.m.

Monroe County Town Meeting

Albia Area Chamber of Commerce

18 South Main Street in Albia

 

10:15-11:15 a.m.

Lucas County Town Meeting

Carpenter Hall

1215 Court Street in Chariton

 

12-1 p.m.

Wayne County Town Meeting

Wayne County Courthouse

100 North Lafayette in Corydon

 

2-3 p.m.

Speak to Government Class

Mormon Trail Jr./Sr. High School

502 East Main Street in Garden Grove

 

4:30-5:30 p.m.

Ringgold County Town Meeting

Jamie's Coffee Mill & Deli

118 West Adams Street in Mt. Ayr

 

Wednesday, January 18

7:30-8:30 a.m.

Union County Town Meeting

City Hall/Restored Depot, City Council Chambers

116 West Adams Street in Creston

 

9:45-10:45 a.m.

Q&A with Students

Clarke County High School

800 North Jackson in Osceola

 

12-1 p.m.

Madison County Town Meeting

Winterset Public Library, Meeting Room

123 North 2nd Street in Winterset

 

2-3 p.m.

Adair County Town Meeting

Andrews Memorial Adair County Health & Fitness Center, Meeting Room

202 North Townline Road in Greenfield

 

4:15-5:15 p.m.

Guthrie County Town Meeting

Panora Community Center

115 West Main Street in Panora

 

Thursday, January 19

8-9 a.m.

Q&A with Students

Dallas Center-Grimes Middle School

1400 Vine Street in Grimes

 

10:30-11:30 a.m.

Greene County Town Meeting

Grand Junction Community Center

212 Main Street in Grand Junction

 

12:30-1:30 p.m.

Boone County Town Meeting

Boone County Historical Center

602 Story Street in Boone

 

2:30-3:30 p.m.

Tour Facility and Q&A with Employees

Becker Underwood

801 Dayton Avenue in Ames

 

5-6 p.m.

Marshall County Town Meeting

Le Grand Area Community Center

206 North Vine Street in Le Grand

 

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Iowa Supreme Court Opinions

December 23, 2011

Notice: The opinions posted on this site are slip opinions only. Under the Rules of Appellate Procedure a party has a limited number of days to request a rehearing after the filing of an opinion. Also, all slip opinions are subject to modification or correction by the court. Therefore, opinions on this site are not to be considered the final decisions of the court. The official published opinions of the Iowa Supreme Court are those published in the North Western Reporter published by West Group.

Opinions released before April 2006 and available in the archives are posted in Word format. Opinions released after April 2006 are posted to the website in PDF (Portable Document Format).   Note: To open a PDF you must have the free Acrobat Reader installed. PDF format preserves the original appearance of a document without requiring you to possess the software that created that document. For more information about PDF read: Using the Adobe Reader.

For your convenience, the Judicial Branch offers a free e-mail notification service for Supreme Court opinions, Court of Appeals opinions, press releases and orders. To subscribe, click here.

NOTE: Copies of these opinions may be obtained from the Clerk of the Supreme Court, Judicial Branch Building, 1111 East Court Avenue, Des Moines, IA 50319, for a fee of fifty cents per page.

No. 08-1868

STATE OF IOWA vs. ANTHONY RODRIGUEZ

No. 08-1927

SARA KOEPPEL vs. ROBERT SPEIRS

No. 08-1957

DEANNA MILLER vs. ROBERT SPEIRS

Thank you for allowing me the privilege of serving as your State Representative. I have been working to restore confidence in Illinois through fiscal responsibility in our State budget and through promoting sound policy in the Land of Lincoln. I look forward to our continuing partnership on the challenges that face our State and the 71st District. Here is a quick recap on some of our first year accomplishments.

 

Firearms Legislation

 

I passed House Bill 3500 in response to a ruling by Attorney General Lisa Madigan that declared the names of FOID cardholders to be public information subject to public release. The Illinois State Police, which oversees the program, opposed the Attorney General's ruling. The National Rifle Association also opposed releasing the names and addresses of FOID Card holders. This legislation that I sponsored protecting the privacy rights of Firearm Owner's Identification (FOID) Cardholders received overwhelming, bipartisan support and has been signed into law by Governor Pat Quinn.

 

I also sponsored or cosponsored several other measures in support of your Second Amendment freedoms. Three passed the House. I promise to continue these efforts, with the priority being passage of concealed carry legislation.

 

Jobs Package

 

During the lame duck session in January, when the previous General Assembly increased our income taxes by 67%, they also let the Research and Development Tax Credit expire. We restored that tax credit for five years with an additional five year carry forward. The R&D Tax Credit is an important tool for Illinois manufacturers such as John Deere and Caterpillar.

 

I am committed to repealing the job-killing 67% income tax increase. I have co-sponsored House Bill 175 to repeal the Democrats' tax hike.

 

We worked hard to raise the estate tax exemption to $4 million in an effort to protect small business owners and family farmers. Under the current law, when estates pass from generation to generation, they are hit with a huge estate tax if their assets are worth more than $2 million. Family farm and small business assets are generally invested in equipment and fixed assets like land, leaving tight cash flows and little ability to pay penalizing taxes. This provision was strongly supported by the Illinois Farm Bureau.

 

Dawn's Law

 

I passed HB 3522 out of the House, increasing penalties associated with fatal accidents for those driving under the influence of alcohol or other drugs.

 

My legislation was in response to the death of Moline resident Dawn Murrillo, who was seven weeks pregnant when she was killed in a hit and run collision by a serial drunk driver.

 

"Dawn's Law" increases the penalties for repeat drunk drivers involved in fatal accidents and provides for 85% truth in sentencing. This is a clear message to habitual DUI offenders that their actions endanger others and if the worst happens, the consequences will be severe.

 

10% pay cut

 

As my first act in office, I introduced House Bill 110, a 10% pay cut for all state legislators.

 

Looking Ahead

 

My wife of 32 years, Betsey, and I entered the political realm in 2007 because we understood the importance of bringing balance to our local political environment. We have helped restore political balance to our area, have taken more balance to Springfield, and have helped create the environment that produced a better Illinois budget process. We have seen successes both locally and in the General Assembly, but this work is far from completed.

 

We must continue to fight for responsible budgets that don't spend more money than the State takes in. We must improve the jobs climate to get Illinois working again. And we must continue the effort to reform Springfield, and restore the people's trust in their government.

 

If you have any questions or comments about the items I've discussed here, please call our office at 309/762-3008 or email me at repmorthland@gmail.com.

 

Best Regards,

 

Rich Morthland

State Representative

71st District

 

 


Paid for by the Committee to Elect Rich Morthland. No tax dollars were used to create or send this email.

Opinions of the Iowa Court of Appeals

 

2011

 

Opinions of the Iowa Court of Appeals will be filed at 8:30 a.m. on the dates listed below:

 

January 20

February 9

February 23

March 7

March 21

March 30

April 13

April 27

May 11

May 25

June 15

June 29

July 13

July 27

August 10

August 24

September 8

September 21

October 5

October 19

November 9

November 23

December 7

December 21

 


 

 

 

 

 

 








For your convenience, the Judicial Branch offers a free e-mail notification service for supreme court opinions, court of appeals opinions, press releases and orders.

 

Opinions Expected Next Filing Date

 

A list of cases on which the Iowa Court of Appeals is expected to rule will be posted at 8:30 a.m. one day preceding each opinion filing day.

 

Most Recent Opinions

 

 

Summaries for Most Recent Opinions

 

Click here for summaries of selected opinions most recently filed by the Iowa Court of Appeals.

 

Opinions Archive

 

This archive contains opinions from 1998 to the present.  Summaries of opinions are archived for opinions filed between 1998 to April 12, 2006 only.

 

Opinions released before April 2006 and available in the archives are posted in Word format.  Opinions released after April 2006 are posted to the website in PDF (Portable Document Format).   Note:  To open a PDF you must have the free Acrobat Reader installed.  PDF format preserves the original appearance of a document without requiring you to possess the software that created that document.  For more information about PDF read:  Using the Adobe Reader.

 

Business Association Aids U.S. Marine Corps Toys for Tots Foundation

CHICAGO - December 20, 2011. Governor Pat Quinn today thanked the Illinois Retail Merchant Association (IRMA) for its efforts in organizing Illinois businesses to help the U.S. Marine Corps Reserve Toys for Tots Program deliver toys for thousands of needy children this holiday season.

"On behalf of the people of Illinois, I want offer my sincere thanks and appreciation to the Illinois Retail Merchants Association, CVS, Dominick's, Macy's, McDonald's, Sears, Target, Walgreens and Walmart for helping Toys for Tots in its time of need," said Governor Quinn. "Thanks to their efforts, children all over the Chicagoland area will have a happy holiday. It is a great day in Illinois when we all work together to do good things."

Following today's reports of a Toys for Tots donor having financial difficulties, IRMA worked with representatives of some of Illinois' biggest retailers to make sure that Toys for Tots has the resources it needs to be able to serve thousands more children. All told, support from IRMA members to the U.S. Marine Toys for Tots Foundation of Chicago has exceeded $36,000.

"Our members are proud to help 'Toys for Tots' during this time of need to make sure children have a joyful Christmas. 'Toys for Tots' helps the needy and disadvantaged children, and we're happy our Members can help Santa deliver a few more gifts this year," said David Vite, President/CEO, Illinois Retail Merchants Association.

"On behalf of the Chicago Marine Corps Reserve Toys for Tots program, we would like to thank Governor Quinn and the Illinois Retail Merchants Association for their combined efforts in raising $36,000 for the Official Marine Corps Reserve Toys for Tots program. Thank you, and remember "Every Child Deserves a Christmas," said SSgt. Chad Falkos of the United States Marine Corps.

For more information about Toys for Tots and how to support their mission throughout the year, visit www.chicago-il.toysfortots.org.

###

CHICAGO - December 20, 2011. Governor Pat Quinn today took action on the following bill:

Bill No.: SB 1750

An Act Concerning: State Government

Amends the Illinois Procurement Code to make exceptions for certain procurements made by public institutions of higher education.

Action: Signed

Effective Date: Immediately

###

Rep. Morthland: "I voted to keep Dixon's Jack Mabley Center open..."

 

Moline, IL...Today, December 20, 2011, Governor Pat Quinn signed into law the state budget reallocation bill, Senate Bill 2412. State Representative Rich Morthland (Cordova-R), voted for the budget reallocation bill to keep the Dixon Jack Mabley Developmental Center open, along with other facilities that Governor Quinn had threatened to close.

 

"When I attended the facility closure hearing in Dixon, I had the opportunity to listen to the victims of Governor Quinn's Blagojevich-style budgeting methods," Rep. Morthland said. "My colleagues and I quickly assembled legislation that would reallocate funds in the budget to keep State facilities open for the developmentally disabled, our most vulnerable citizens."

 

"I commend the Governor for signing our efforts into law," Morthland added. "I voted to keep Dixon's Jack Mabley Center open with responsible budgeting methods, not revenue increases."

 

###

**Monday, December 19, 2011**

 

CHICAGO - December 19, 2011. Governor Pat Quinn today took action on the following bills:

 

Bill No.: SB 1311

An Act Concerning: Finance

Budget implementation (BIMP) for the fiscal year 2012 budget.

Action: Signed                        

Effective Date:  Immediately

 

Bill No.: SB 2412

An Act Concerning: Appropriations

Budget reallocation for fiscal year 2012 to help address funding for critical state programs and services.

Action: Signed                        

Effective Date: Immediately

 

###

***Click here to watch Senator Grassley's floor statement.***

Prepared Floor Statement of Senator Chuck Grassley

Ranking Member, Senate Committee on the Judiciary

Hall v. United States and Chapter 12 of the Bankruptcy Code

Friday, December 16, 2012

Mr. President, I'd like to take a few minutes to discuss a case that was argued a few weeks ago before the Supreme Court, Hall v. United States.  This case involves a specific provision I authored, which is contained in 2005 Bankruptcy Reform law.  Throughout the litigation in this case, my statements supporting the provision were discussed at length.  I want to take a few minutes and walk through the history and intent of this provision, so people hear it straight from the author's mouth.

At its core, Hall v. United States is about statutory interpretation.  The statute at issue is 11 U.S.C. section 1222(a)(2)(A), which was a farm bankruptcy provision added to the Bankruptcy Code in 2005.  Before I get into a discussion about the case, let me explain what this particular provision does and why it was needed.

Congress enacted Chapter 12 of the Bankruptcy Code in 1986, which was subsequently made permanent in 2005.  Chapter 12 allows family farmers to use the bankruptcy process to reorganize their finances and operations.  It's a proven success as a leverage tool for farmers and their lenders.  It helps the farmer and the banker sit down and work out alternatives for debt repayment.  Not long after it became law in 1986, we began to hear about what worked and what didn't work for farmers who were reorganizing in bankruptcy.

One problem we learned about arose when a debtor farmer needed to sell assets in order to generate cash for reorganization.  A farmer may need to sell portions of the farm to raise cash to fund a plan and pay off his creditors.  However, in this situation we're usually dealing with land that's been in a family's hands for a long time.  This means that the cost basis is usually very low.  So, once a farmer filed bankruptcy and then tried to sell a portion or all of the land, he would be hit with a substantial capital gains tax.

This created problems because, as originally drafted, Chapter 12 required full payment of all priority claims under Section 507 of the Bankruptcy Code.  The only way to avoid this requirement was if the holder of the claim agreed that its claim could be treated differently.  Thus, when a farmer sold his land, which resulted in large capital gains, the IRS would have a priority claim against the bankruptcy estate.

Now, let me take a moment to explain the concept of a bankruptcy estate, which may be a bit confusing.  When an individual or a corporation files for bankruptcy, an estate is created.  The estate consists of property that is liquidated for the purpose of paying creditors.  So, in the case of farmers filing a bankruptcy petition under Chapter 12, the farm assets are property of the estate.  And according to Section 541(a)(6) of the Bankruptcy Code, the proceeds from the sales of those assets are also property of the estate.

So, the situation farmers faced was where the IRS held a large priority claim against the bankruptcy estate.  Let's talk a minute about claims against the estate, because this helps to understand how we got to where we are today.  In the situation I'm discussing, we're dealing with a claim that is based on taxes owed.   The Bankruptcy Code says that taxes incurred by the estate are administrative expenses.  An administrative expense essentially receives top priority when determining who gets paid what.

Thus, the effect this had was that the IRS, with its priority claim, could object to any reorganization plan that didn't provide for full payment of its tax claim.  The IRS essentially held veto authority over the farmer's plan confirmation.  In some instances, then, a farmer who sought to sell a portion of his farm to reorganize, pay creditors and become profitable again was prohibited completely from doing so.

After learning of this problem, I started working on a way to fix it.  Simply put, I wanted to make sure that family farmers in a Chapter 12 case could, in fact, sell portions of their farms to effectively reorganize, without the capital gains taxes jeopardizing the reorganization.  The very purpose of Chapter 12 and bankruptcy in general is to allow for a fresh start.  Unfortunately, this wasn't happening.

In 1999 I introduced the "Safeguarding America's Farms Entering the Year 2000 Act."  This bill, among other things, sought to fix the capital gains tax issue.  When I introduced this bill, I said that it would "help[] farmers to reorganize by keeping tax collectors at bay."  I also explained that:

"Under current law, farmers often face a crushing tax liability if they need to sell livestock or land in order to reorganize their business affairs. . . High taxes have caused farmers to lose their farms.  Under the Bankruptcy Code, the IRS must be paid in full for any tax liabilities generated during a bankruptcy reorganization.  If the farmer can't pay the IRS in full, then he can't keep his farm.  This isn't sound policy.  Why should the IRS be allowed to veto a farmer's reorganization plan?"

The language I proposed ultimately was enacted in the 2005 Bankruptcy Reform law.    Since the Bankruptcy Code, courts and the IRS treated the tax liability as an administrative expense, the new provision created a very narrow exception.  Basically, only in a Chapter 12 case, if a farmer sold farm land that resulted in a capitals gain liability, then the IRS's claim would not receive priority status.

Instead, the government would have an unsecured claim, which means they may get paid something, but not necessarily the entire amount.  Also, the IRS would no longer be able to veto a plan's confirmation.  Thus, the farmer debtor would be allowed to try and reorganize.

Now, from a bankruptcy point of view, this approach makes complete sense.  As I've discussed already, filing a petition creates a bankruptcy estate.  The bankruptcy estate then sells the land, post-petition, and that results in capital gains that are owed to the IRS.  These taxes, incurred by the estate post-petition, are administrative expenses, which receive priority status.  So, my language, enacted into law in 2005, stripped the priority claims owed to the government, in this very specific instance, and made them general unsecured claims.

However, since passage of this provision, the IRS has made an about face.  The government now argues, despite the way it treated this situation for all these years, that the tax liability created is the responsibility of the individual and not the bankruptcy estate.  Yet, the entire reason we created this new provision was because of the way the IRS treated the tax liability.

The IRS's new position has been argued in federal court and has received mixed results.  So now  there's a dispute whether my provision accomplishes what it was designed to do.  A 2009 Eighth Circuit case, Knudsen v. Internal Revenue Service, held the provision applies to the post-petition sale of farm assets, which is what we're discussing here.  Specifically, the Eighth Circuit rejected the IRS's position that the Internal Revenue Code does not recognize a separate taxable entity being created when a debtor files a Chapter 12 petition.

Put another way, the IRS is claiming the individual debtor is responsible for the tax liability that arises out of the bankruptcy estate's actions.    The Eighth Circuit disagreed and said there's now an exception preventing the IRS from having a priority claim for the capital gains.

But in a Ninth Circuit case, the court there held that there was no exception for post-petition capital gains.  In Hall v. United States, now before the Supreme Court, the Ninth Circuit said the Halls were responsible for the capital gains taxes from selling part of their farm during bankruptcy. This holding means that my provision didn't create a narrow exception, even though that's what was intended.

Unfortunately, the IRS, under the Obama administration, is taking a position today that is anti-farmer and the exact opposite of what it said six years ago.

This about-face came only after we made the change in the law, and it became clear that in very narrow circumstances the IRS would lose its priority position.  I respect the IRS's interest in pursuing tax dollars, but it exhibited a lot of chutzpah in taking this position. Our policy reasons for this new exception were simple.  The farmers didn't have enough money to pay everyone.  We decided that it would be better to let them sell some assets, which would generate cash and help them to reorganize and pay their creditors.  In making this decision, we realized that someone would have to make a sacrifice.  We decided to give the farmers a break from government taxes in a very narrow set of circumstances.  Now, though, the government is trying to figure out a way to jump back ahead of other creditors and get more money.

And these creditors that the IRS is trying to break in front of are small businesses, suppliers and small, local banks that extend credit and supplies to farmers.  This is not what we expected would happen when we passed the 2005 Bankruptcy law.

This is an important issue and an important case that the Supreme Court will decide in the coming months.  The Supreme Court will decide whether this provision accomplishes my goal, which I've stated.  I look forward to seeing how the case is resolved.  Rest assured that I'll work to ensure that this policy of protecting family farmers is followed as that was our clear intent in having this law enacted.  Chapter 12 has proven successful as a leverage tool for farmers and their lenders.  It helps the farmer and the banker sit down and work out alternatives for debt repayment.

Should the Court rule that the Internal Revenue Code is inconsistent with the Bankruptcy Code, and rule against my intent as the author, I will work to remedy this inconsistency.

 

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