- 12 - bankruptcy. Federal tax liens are not extinguished by personal discharge in bankruptcy. 11 U.S.C. sec. 522(c)(2)(B) (2000); see also Johnson v. Home State Bank, supra at 84. Any existing Federal tax liens remain in effect and attach to assets owned prior to the date of filing the bankruptcy petition. 11 U.S.C. sec. 522(c)(2)(B) (2000); In re Connor, 27 F.3d 365, 366 (9th Cir. 1994) (“A preexisting lien on property, however, remains enforceable against that property even after an individual’s personal liability has been discharged.”). When petitioner filed for bankruptcy, there was a valid and existing Federal tax lien on her property, and notice of levy had been served regarding at least the Merrill Lynch account. In her bankruptcy filings, petitioner included as an asset the amount of money that then existed in the Merrill Lynch account. The existing Federal tax lien that attached to these funds was not extinguished in her bankruptcy. Consequently, as of July 22, 1998, a portion of petitioner’s tax liabilities for 1986 and 1987 remained collectible, notwithstanding petitioner’s relief from personal liability by the bankruptcy court’s discharge. As a result, we need not address whether respondent is correct in asserting that tax liabilities are considered paid when, if ever, they become uncollectible.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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