- 10 - Petitioner further argues that, following personal discharge in bankruptcy, her underlying tax liabilities did not cease to exist and were not extinguished by the discharge. Petitioner argues that her personal discharge in bankruptcy was not an in rem discharge, and existing Federal tax liens remained in full force and effect against all assets petitioner owned prior to filing her bankruptcy petition. Petitioner contends that the effect of her “discharge is to prevent the IRS from collecting the unpaid 1986 and 1987 liabilities from assets acquired by the Petitioner subsequent to the date her bankruptcy petition was filed.” V. Analysis Regarding the Amount of Petitioner’s Tax Liabilities Remaining Unpaid as of July 22, 1998 We agree with petitioner that an assessed lien filing fee is part of a tax liability. As petitioner notes, costs of the lien may be included in the amount of the lien under section 6321. Respondent assessed the lien filing fee and makes no argument that he would not seek to collect it from petitioner if she had not received a personal discharge in bankruptcy. This Court has previously treated assessed collection costs, including lien filing fees, as a part of the taxpayer’s tax liability. See, e.g., Sponberg v. Commissioner, T.C. Memo. 2002-177; Hansen v. Commissioner, T.C. Memo. 1996-158. Consequently, petitioner’s 1987 tax liability was not paid in full as a result of thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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