Robert William Woods - Page 21

                                       - 21 -                                         
          Sec. 6322; see also Iannone v. Commissioner, 122 T.C. 287,                  
          292-293 (2004).                                                             
               Federal tax liens of which notice has been filed are not               
          extinguished by personal discharge in bankruptcy.  11 U.S.C. sec.           
          522(c)(2)(B) (2004); see also Iannone v. Commissioner, supra at             
          293.  “A discharge of personal liability in bankruptcy                      
          ‘extinguishes only one mode of enforcing a claim--namely, an                
          action against the debtor in personam--while leaving intact                 
          another--namely, an action against the debtor in rem.’”  Iannone            
          v. Commissioner, supra at 293. (quoting Johnson v. Home State               
          Bank, 501 U.S. 78, 84 (1991).  Any pre-existing Federal tax liens           
          remain in effect and attach to assets owned prior to the date of            
          the filing the bankruptcy petition.  11 U.S.C. sec. 522(c)(2)(B);           
          Iannone v. Commissioner, supra at 293.                                      
               The record in the instant case shows that, before petitioner           
          commenced his case in bankruptcy, respondent properly assessed              
          and demanded payment of the tax liabilities owed for the 1988,              
          1989, 1990, 1991, 1993, and 1995 taxable years.  Petitioner has             
          presented no evidence that the Federal tax liens arising from               
          those liabilities were defective.  Petitioner simply insists that           
          his tax debts were discharged by the bankruptcy court’s July 27,            
          2004, order.  However, when petitioner filed for bankruptcy,                
          there were valid Federal tax liens on his property.                         







Page:  Previous  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  Next

Last modified: May 25, 2011