- 4 - determination from that court that she was not liable for the taxes and addition to taxes at issue solely because she was an "innocent spouse" under section 6013(e) and section 6004 of the Technical and Miscellaneous Revenue Act of 1988, Pub. L. 100-647, 102 Stat. 3342, 3685. On August 12, 1993, the bankruptcy court issued a "Memorandum Opinion Regarding Sharon N. Freytag's Objection to IRS Claim". The court stated that it could "find no reason why it would be inequitable to hold Sharon liable for the consequences of the understatements." It accordingly decided that Mrs. Freytag was liable for the taxes for 1981 and 1982 and could not rely successfully upon the "innocent spouse" defense. On May 31, 1994, the bankruptcy court entered an "Agreed Order Pertaining to Dischargeability" in which it discharged: (1) Penalties and interest on penalties claimed by the IRS for the Freytags' taxable years 1978-1982; (2) penalty interest imposed by section 6621(c) to the extent it exceeded the normal rate of interest; and (3) $5,000 in tax and $10,941.89 in interest for the year 1978. With regard to the amounts not discharged, the parties seem to agree that while no dollar amount was stated in the order, the amount of the tax debts for 1981 and 1982 could be determined by reference to that order and the proof of claim, as amended, for the years at issue in this case. In view of the bankruptcy court's order of discharge, this Court lifted the stay of proceedings. On August 20, 1996,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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