Jeffrey K. Ramsdell - Page 9

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               We conclude that, because petitioner’s late filings of the              
          1992 and 1993 Federal tax returns took place after the                       
          commencement of the 2-year period preceding the filing of the                
          bankruptcy petition, petitioner’s tax liabilities for those years            
          were not discharged in the bankruptcy proceedings.  See 11 U.S.C.            
          sec. 523(a)(1)(B)(ii).10  Accordingly, the Appeals officer                   
          correctly determined that respondent could proceed with                      
          collection.  We shall therefore grant respondent’s motion for                
          summary judgment.                                                            
               To reflect the foregoing,                                               

                                                   An appropriate order                
                                              and decision will be entered.            











               10 None of the cases we have found dealing with 11 U.S.C.               
          sec. 523(a)(1)(B)(ii) has addressed a situation where the return             
          was filed late and after the bankruptcy petition date.  The plain            
          language of the section, however, as well as its legislative                 
          history support that sec. 523(a)(1)(B)(ii) is not limited to late            
          returns filed within the 2-year period preceding the petition,               
          but also includes late returns filed after the petition date.                
          See S. Rept. 95-989, at 78 (1978) (“The late return rule applies             
          * * * to late returns filed after the petition in Title 11 was               
          filed”).                                                                     





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