Jeffrey K. Ramsdell - Page 6

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          discharge under section 727 of the Bankruptcy Code tax                       
          liabilities with respect to which:  (1) A return was not filed,              
          or (2) a return was filed after its allowed due date and after               
          the commencement of the 2-year period immediately preceding the              
          filing date of a bankruptcy petition.                                        
               Respondent argues that because petitioner filed his Federal             
          tax returns on August 5, 2001, which is both after their original            
          due dates and after August 3, 1999 (the commencement of the 2                
          years prior to the filing of the bankruptcy petition), the                   
          discharge of these liabilities is disallowed by section 523(a) of            
          the Bankruptcy Code.                                                         
               In his petition, petitioner does not dispute that the filing            
          of an overdue return after the commencement of the 2-year period             
          would preclude discharge of his tax liabilities.  Rather,                    
          petitioner argues that respondent was aware of his tax                       


               6(...continued)                                                         
               (a) A discharge under section 727 * * * of this title does              
          not discharge an individual debtor from any debt--                           
                                                                                      
               (1) for a tax or a customs duty--                                       
                        *    *    *    *     *    *    *                              
          (B) with respect to which a return, if required--                            
                                                                                      
               (i) was not filed; or                                                   
                                                                                      
               (ii) was filed after the date on which such                             
          return was last due, under applicable law or under any extension,            
          and after two years before the date of the filing of the                     
          petition; * * *.                                                             





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