- 7 - the Bankruptcy Code. See, e.g., City of New York v. Feiring, 313 U.S. 283 (1941); In re Cassidy, 983 F.2d 161 (10th Cir. 1992)2; In re Lorber Indus. of Cal., Inc., 675 F.2d 1062 (9th Cir. 1982). The Tax Court is a court of limited jurisdiction conferred by statute. Sec. 7442; Commissioner v. Gooch Milling & Elevator Co., 320 U.S. 418 (1943); Naftel v. Commissioner, 85 T.C. 527, 529 (1985). As such, our jurisdiction does not extend to deciding whether a deficiency was discharged in a prior bankruptcy proceeding. Neilson v. Commissioner, 94 T.C. 1, 8-9 (1990); Graham v. Commissioner, 75 T.C. 389, 399 (1980). "In exercising our jurisdiction to redetermine deficiencies, we are without jurisdiction to 'allow or disallow a claim against a debtor's estate * * * or to discharge taxes as a bankruptcy court might.'" Neilson v. Commissioner, supra at 9 (quoting Fotochrome, Inc. v. Commissioner, 57 T.C. 842, 847 (1972)). Consequently, we are unable to address the proper characterization of the deficiency arising under section 72(t) for purposes of determining its dischargeability under the Bankruptcy Code. This issue is properly resolved by the bankruptcy court, not the Tax Court. Therefore, respondent's motion will be denied. However, because petitioner does not dispute any of the underlying deficiencies nor the 2 Interestingly, the Court of Appeals for the Tenth Circuit in In re Cassidy, 983 F.2d 161 (10th Cir. 1992), held that the 10-percent additional tax under sec. 72(t) was characterized as a nonpecuniary loss penalty rather than a tax for purposes of priority under the Bankruptcy Code.Page: Previous 1 2 3 4 5 6 7 8 Next
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