- 11 - application of $11,270.42 from the Merrill Lynch account to petitioner’s 1987 tax liability. Respondent argues that since petitioner’s tax liabilities were uncollectible due to her personal discharge in bankruptcy on July 9, 1997, no portion of petitioner’s tax liabilities remained unpaid as of July 22, 1998. Petitioner argues that her personal discharge in bankruptcy did not extinguish her tax liabilities. The parties stipulated that a portion of petitioner’s 1986 income tax liability was outstanding as of July 22, 1998. As a result of our holding that the assessed lien filing fee was part of petitioner’s 1987 tax liability, a portion of petitioner’s 1987 income tax liability was outstanding as of July 22, 1998. A discharge of personal liability in bankruptcy “extinguishes only one mode of enforcing a claim -- namely, an action against the debtor in personam -- while leaving intact another -- namely, an action against the debtor in rem.” Johnson v. Home State Bank, 501 U.S. 78, 84 (1991). Consequently, petitioner’s bankruptcy discharge did not change the fact that a portion of petitioner’s tax liabilities for 1986 and 1987 remained unpaid. Assuming, for the sake of argument, that respondent is correct that tax liabilities are considered paid when, if ever, they become uncollectible, we address respondent’s contention that petitioner’s 1986 and 1987 tax liabilities were rendered uncollectible as a result of her personal discharge inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011