Handelsman

MEMORANDUM **

Kent and Shanna Handelsman (collectively, Handelsman) appeal the district court’s order affirming the bankruptcy court’s decision that the Bankruptcy Code does not permit Handelsman to offset his federal income tax debt with the “present value” of his short-term capital loss (STCL) carryover. We review the district court’s judgment de novo and “apply the same standard of review applied by the district court, reviewing the bankruptcy court’s legal conclusions de novo and its factual determinations for clear error.” Neilson v. United States (In re Olshan), 356 F.3d 1078, 1083 (9th Cir.2004). We have jurisdiction pursuant to 28 U.S.C. § 158 (d)(1), and we affirm.

Handelsman’s assertion that he is entitled to offset under subsection 106(c) of the Bankruptcy Code is misguided. Subsection 106(c) only permits offset against the United States if a debtor has a claim against the government. See 11 U.S.C. § 106 (c). For purposes of the Bankruptcy Code, the debtor’s claim must be an “enforceable obligation” to receive payment. See 11 U.S.C. § 101 (5)(A); Johnson v. Home State Bank, 501 U.S. 78, 83 , 111 S.Ct. 2150 , 115 L.Ed.2d 66 (1991) (internal citation omitted). Despite…