Lottie Tyler Richardson - Page 8

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          Federal District Court.  Sec. 6330(d).                                      
               The sole argument on which petitioner continues to rely is             
          that her 1995 and 1996 income tax liabilities were discharged in            
          bankruptcy.3  Specifically, petitioner claims that the chapter 7            
          bankruptcy discharge relieved her of the 1995 and 1996 income tax           
          liabilities.  Respondent contends that petitioner’s 1995 and 1996           
          income tax liabilities are excepted from discharge by provisions            
          of the Bankruptcy Code.  For the reasons discussed below, we                
          conclude that respondent’s determination upholding the Federal              
          tax lien filing must be sustained.                                          
          Jurisdiction To Decide Dischargeability Issue                               
               We have often held in deficiency proceedings under section             
          6213 that we lack jurisdiction to decide whether a tax liability            
          has been discharged in bankruptcy.  See, e.g., Nielson v.                   
          Commissioner, 94 T.C. 1, 8-9 (1990); Graham v. Commissioner, 75             
          T.C. 389 (1980).  However, this case is a lien proceeding that              
          arose under sections 6320 and 6330.  Recently, we held in                   
          Washington v. Commissioner, 120 T.C. 114, 121 (2003), that in               
          such lien proceedings we have jurisdiction to decide whether                

               3The issue of petitioner’s $4,000 payment in connection with           
          the chapter 13 bankruptcy proceeding is not related to her 1995             
          and 1996 income tax liabilities and, therefore, is not properly             
          before the Court.                                                           
               In addition, petitioner testified at the Nov. 6, 2002,                 
          hearing that respondent had given her transcripts of her accounts           
          for each of the years 1993-96, and she conceded that the                    
          transcripts showed the $4,000 payment was applied to her tax                
          liabilities for other years.                                                





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