- 9 - 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”).Page: Previous 1 2 3 4 5 6 7 8 9
Last modified: May 25, 2011