Oliver W. and Edna D. Wilson - Page 21




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               discharged.  Most, but not all, types of debts are                     
               discharged if the debt existed on the date the                         
               bankruptcy case was filed whether the debt was included                
               in the schedules or omitted from them.  *  *  *                        
               Debts That are Not Discharged                                          
                    Some of the common debts which are not discharged                 
               in a chapter 7 bankruptcy case are.                                    
               a. Debts for most taxes;[8]                                            
                    *      *      *      *      *      *      *                       
                    This information is only a general summary of the                 
               bankruptcy discharge.  There are exceptions to these                   
               general rules.  Any party may request reopening of a                   
               bankruptcy case to determine whether a particular debt                 
               was included within the scope of the discharge.                        
               *   *   *   Because the law is complicated, you may                    
               want to consult an attorney to determine the exact                     
               effect of the discharge in this case.                                  
               On March 2, 1999, petitioner filed a motion to dismiss in              
          this case.                                                                  
               By order dated March 27, 2000, we (1) lifted the stay of the           
          proceedings in this case, effective as of the February 8, 1999,             
          date of the Bankruptcy Court’s order of discharge and (2) denied            
          petitioner’s motion to dismiss.  The March 27, 2000, order                  
          denying petitioners’ motion to dismiss cited our decision in                
          Freytag v. Commissioner, 110 T.C. 35, 40-41 (1998), and stated              
          that, when a Bankruptcy Court exercises its jurisdiction to                 
          determine a taxpayer’s income tax liabilities, its decision does            



               8See Sheinfeld et al., Collier On Bankruptcy Taxation, pars.           
          TX4.02[1][iii], TX5.03[4] (1997).                                           





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