M. K. and J. C. H. - Page 8




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         confirmed plan.  The debtor argued that the principles of res                
         judicata and equitable estoppel prohibited the Commissioner from             
         assessing additional tax for 1986.                                           
              The provisions of a confirmed plan generally bind the debtor            
         and the creditors whether or not the debtor’s claim or interest              
         is impaired under the plan and irrespective of whether the debtor            
         has accepted the plan.  11 U.S.C. sec. 1141 (2000).  Excepted                
         from discharge under 11 U.S.C. sec. 1141, however, are any debts             
         outlined in 11 U.S.C. sec. 523 (2000).  The court in In re                   
         DePaolo, supra at 375, held that a confirmed plan does not                   
         discharge an individual debtor from any tax debt within the                  
         purview of 11 U.S.C. sec. 507(a)(7) (now 11 U.S.C. sec.                      
         507(a)(8)), whether or not a claim for such tax was filed or                 
         allowed.  The court in In re DePaolo, supra, opined:                         
                   While principles of res judicata apply generally                   
              to bankruptcy proceedings, the plain language of 1141                   
              and 523 forbid the application of those principles to                   
              the facts of this case.  By expressly providing that                    
              the described taxes are not discharged “whether or not                  
              a claim for such taxes was filed or allowed,” 11 U.S.C.                 
              523(a)(1)(A)(emphasis added), Congress has determined                   
              that the IRS may make a claim for taxes for a                           
              particular year in a bankruptcy proceeding, accept the                  
              judgment of the bankruptcy court, then audit and make                   
              additional claims for that same year, even though such                  
              conduct may seem inequitable or may impair the debtor’s                 
              fresh start.  * * * “although allowing the IRS to                       
              pursue its claim after the confirmation and                             
              consummation of a Chapter 11 plan admittedly conflicts                  
              with the ‘fresh start’ policy animating the                             
              [Bankruptcy] Code’s discharge provisions, ‘it is                        
              apparent to us that Congress has made the choice                        
              between collection of revenue and rehabilitation of the                 
              debtor by making it extremely difficult for a debtor to                 





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