Michael V. Severo and Georgina C. Severo - Page 14




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          Federal income tax return late and not within the 2-year lookback           
          period before the bankruptcy petition is filed.  However, where             
          the Federal income tax return in question was due within the                
          3-year lookback period before the bankruptcy was filed, the tax             
          for the year clearly qualifies under Bankruptcy Code section                
          507(a)(7)(A)(i) as a priority claim and correspondingly clearly             
          qualifies under Bankruptcy Code section 523(a)(1)(A) for                    
          exception from discharge.                                                   
               Petitioners in effect argue that Bankruptcy Code section               
          523(a)(1)(B)(ii) sets forth a narrower exception from discharge             
          than the exception set forth in Bankruptcy Code section                     
          523(a)(1)(A).  Petitioners fail to understand that the statutory            
          provisions for exception from discharge set forth in Bankruptcy             
          Code section 523(a)(1) are set forth in the disjunctive and                 
          delineate increasingly broader exceptions from discharge for                
          increasingly more egregious taxpayer behavior.7                             

               7 Bankruptcy Code sec. 523(a)(1) sets forth four different,            
          disjunctive provisions for exception from discharge, any one of             
          which will disqualify taxes from bankruptcy discharge, as                   
          follows:  (1) Taxes for which a return was due within a 3-year              
          period lookback before the date the bankruptcy petition was                 
          filed, Bankruptcy Code sec. 523(a)(1)(A), cross-referencing                 
          Bankruptcy Code sec. 507(a)(7); (2) taxes for which a return                
          generally was due earlier than the 3-year lookback period before            
          the date the bankruptcy petition was filed but for which a return           
          was filed late and within a 2-year lookback period before the               
          bankruptcy petition was filed, Bankruptcy Code sec.                         
          523(a)(1)(B)(ii); (3) taxes for which a return was never filed,             
          Bankruptcy Code sec. 523(a)(1)(B)(i); or (4) taxes for which a              
          fraudulent return was filed or with respect to which a debtor in            
                                                             (continued...)           






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