- 5 - (2000); Goza v. Commissioner, 114 T.C. 176, 181-183 (2000). In this case, respondent’s determination regarding whether petitioner’s unpaid liabilities were discharged in bankruptcy requires the interpretation of bankruptcy law. If respondent’s determination was based on erroneous views of the law and petitioner’s unpaid liabilities were discharged in bankruptcy, then we must reject respondent’s view and find that there was an abuse of discretion. See, e.g., Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 405 (1990); Swanson v. Commissioner, 121 T.C. 111, 119 (2003). Respondent argues that petitioner’s tax liabilities were not discharged in the bankruptcy proceedings because they are precluded from discharge under section 523(a)(1)(B)(ii) of the Bankruptcy Code. Petitioner, on the other hand, contends that the liabilities were discharged. As a preliminary matter, we note that we have jurisdiction to decide whether a tax liability for which collection is at issue in a section 6330(d)(1) proceeding has been discharged in bankruptcy. See Swanson v. Commissioner, supra; Washington v. Commissioner, 120 T.C. 114, 120-121 (2003). Section 523(a)6 of the Bankruptcy Code excludes from a 6 Sec. 523(a) of the Bankruptcy Code, 11 U.S.C. sec. 523(a) (2000), provides, in pertinent part, as follows: SEC. 523. EXCEPTIONS TO DISCHARGE. (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 Next
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