In Las Vegas we have had a variety of cases in which the BK Estate took the position that despite a tax sharing agreement (TSA), the holding company was entitled to the tax refund. To the best of my knowledge, the case in Las Vegas was settled. The 11th Circuit recently ruled that the FDIC as the receiver of the Bank was entitled to the funds as the funds were not property of the Estate. A well reasoned discussion on the TSA is contained within the opinion. Based upon the opinion, the BK Court and District Court was reversed.
BankUnited Financial Corporation 8-15-13 - 11th Cir.
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