- 7 - liabilities for the years in question and assessed them prior to 2001.7 Specifically, petitioner seems to claim that respondent had filed substitute-for-returns (SFRs) on behalf of petitioner for the years 1992 and 1993, long before the commencement of the 2-year period preceding the filing of the bankruptcy petition. The dates on which those SFRs were made, according to petitioner, are the relevant reference dates in the determination of when the returns were filed for purposes of section 523 of the Bankruptcy Code.8 To avoid the application of section 523(a)(1)(B)(ii) of the Bankruptcy Code, a taxpayer must file a “return” prior to the commencement of the 2-year period preceding the filing of the bankruptcy petition. See 11 U.S.C. sec. 523(a)(1)(B)(ii). We have recently held that SFRs do not constitute returns for purposes of section 523(a)(1)(B) of the Bankruptcy Code unless signed by the taxpayer. See Swanson v. Commissioner, supra at 7 In his motion for summary judgment, respondent fails to respond to petitioner’s argument. It appears that respondent is convinced that we may not review these issues since, he argues, they were not raised in the sec. 6330 hearing. See, e.g., Magana v. Commissioner, 118 T.C. 488 (2002). Contrary to respondent’s contention, however, it appears that petitioner did raise the issue of prior notice in the request for a collection due process hearing. Accordingly, we find that this matter is properly before us. 8 Petitioner states in his amended petition that “the IRS had in fact knowledge and assessment data for the 1992 [and 1993] tax [years], as evidenced by a subsequent (1994) tax year ‘Notice of Levy * * *’ dated 08.16.98.” (Emphasis omitted.)Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011