Gregory Iannone - Page 9

                                        - 9 -                                         
          proceeding.  While we acknowledge that the language could have              
          been more precise as to this assumption, when considered in its             
          entirety, the notice of determination indicates that the Appeals            
          officer was willing to assume that petitioner’s 1989 and 1991 tax           
          liabilities were discharged in bankruptcy and instead focus                 
          solely on whether the discharge prevents respondent from pursuing           
          collection by levy.  We find nothing inappropriate about this               
          decision by the Appeals officer, especially in a case such as               
          this where more than 10 years have passed since the relevant                
          returns were due, and both parties claim to have destroyed most,            
          if not all, of the relevant documents because of this passage of            
          time.                                                                       
               As a consequence of our conclusion that the Appeals officer            
          assumed the aforementioned discharge, we need not ourselves also            
          address the question of whether petitioner received a discharge             
          in bankruptcy with respect to his 1989 and 1991 tax liabilities.            
          III.  Collection by Levy                                                    
               Petitioner contends that a New Jersey law exempts his                  
          section 401(k) retirement account from levy.  See N.J. Stat. Ann.           
          sec. 25:2-1(b) (West Supp. 2003).  Petitioner contends that this            
          exemption applies here so as to prevent collection by levy.                 
               Petitioner cites In re Yuhas, 104 F.3d 612 (3d Cir. 1997),             
          as support for his claim that his section 401(k) retirement                 
          account is exempt from Federal tax lien and levy.  In that case,            






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011