- 6 - * * * * * * * (7) to the extent such debt is for a fine, penalty, or forfeiture payable and for the benefit of a governmental unit, and is not compensation for actual pecuniary loss, other than a tax penalty-- (A) relating to a tax of a kind not specified in paragraph (1) of this subsection; or (B) imposed with respect to a transaction or event that occurred before three years before the date of the filing of the petition; * * * Respondent asserts that the additional tax under section 72(t) falls within the confines of these exceptions and therefore is nondischargeable by the bankruptcy court. Petitioner argues, in essence, that the additional tax under section 72(t) is a tax penalty rather than an income tax, and that the penalty is a dischargeable debt. Petitioner further reiterates his position in the petition and reply to respondent's answer that the bankruptcy court has already resolved this issue through its order. Alternatively, petitioner asks us to remand the issue back to the bankruptcy court for resolution. The parties apparently request us to determine the characterization of the deficiency arising under section 72(t) for purposes of determining its dischargeability. In this regard, we note the existence of various tests for analyzing the proper characterization of items as taxes for purposes of priority underPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011