Nita B. Leissner - Page 12

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          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.                                                  









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