In the Eastern District of Michigan, Judge Opperman concluded that the IRS permitted to set off prepetition tax refunds against prepetition debts. However, the IRS is not permitted to offset postpetition tax refunds against prepetition debt, without first obtaining relief from the Automatic Stay.
See In re Marcola, No. 07-23438-dob, 2011 WL 7789569 (Bankr. E.D. Mich. Apr. 22, 2011)