Aug 6 (Reuters) - The U.S. Internal Revenue Service has
backed off a $1.4 billion claim in its lawsuit against the
Federal Deposit Insurance Corp, saying Tuesday that it will
reach a smaller settlement over taxes that went unpaid when
Silicon Valley Bank collapsed.
The IRS sued the FDIC in Washington, D.C., federal court in
February, asking a judge to overrule the FDIC's complete
rejection of the federal government's tax demands during FDIC's
effort to repay SVB's creditors after the bank collapsed in
March 2023. But after filing its lawsuit and completing a review
of SVB's tax filings, the IRS is now seeking $43.9 million for
corporate income taxes owed between 2020 and 2022.
In a status report filed on Tuesday, the two agencies told a
judge that they are close to resolving the dispute over SVB's
taxes.
The IRS said its initial $1.45 billion demand was an
estimated total for corporate income taxes and employment taxes
going back to 2020, and that it was still reviewing SVB's tax
returns when it filed the claim.
A big chunk of the IRS claim resulted from its disallowance
of a 2022 reported loss based on SVB's use of "mark-to-market"
accounting for certain assets whose values fluctuated over time.
The IRS later resolved the "mark-to-market" dispute with SVB
Financial Group ( SIVBQ ), Silicon Valley Bank's former parent company,
and amended its tax claims to seek a total of $43.9 million in
corporate income tax payments for the years 2020 to 2022,
according to the status report.
The IRS has agreed to continue discussions with SVB
Financial Group ( SIVBQ ) about its remaining tax claims as part of SVB
Financial Group's ( SIVBQ ) bankruptcy.
The IRS and FDIC asked a judge not to take any action on the
IRS's lawsuit for at least 90 days, which would give the two
agencies time to "engage in settlement discussions with the
hopes of resolving this matter without further involvement of
the Court."
The IRS and the FDIC did not immediately respond to requests
for comment on the lawsuit.
SVB Financial Group ( SIVBQ ) received court approval of its
bankruptcy plan on Friday, agreeing to turn over its assets to
creditors while it continues a separate lawsuit against FDIC
over the regulator's seizure of $1.9 billion from SVB Financial
Group's ( SIVBQ ) accounts during the bank's collapse.
Silicon Valley Bank was acquired by First Citizens
BancShares after its March 2023 collapse.
The case is United States v. Federal Deposit Insurance Corp
as receiver for Silicon Valley Bank, U.S. District Court for the
District of Columbia, No. 1:24-cv-427
For the IRS: Kristina Portner of the U.S. Department of
Justice, Tax Division
For FDIC: Alicia Hunt of the Federal Deposit Insurance Corp
Read more:
IRS sues FDIC over Silicon Valley Bank's $1.4 billion tax
debt
Silicon Valley Bank's former owner gains approval to end
bankruptcy
Silicon Valley Bank's former owner, FDIC bracing for fight
over $2 bln
Regional banks face big hurdles a year after SVB collapse
(Reporting by Dietrich Knauth in New York)