- 9 - unpaid income tax liabilities have been discharged in bankruptcy.4 Petitioner’s 1996 Income Tax Liability Section 523 of the Bankruptcy Code provides some exceptions to the discharge of debts in bankruptcy. See 11 U.S.C. sec. 523 (2000). Subsection (a)(1)(A) excepts from discharge taxes within the “three-year lookback period” (the lookback period) described in section 507(a)(8) of the Bankruptcy Code. The lookback period includes taxes “on or measured by income or gross receipts--for a taxable year ending on or before the date of the filing of the petition for which a return, if required, is last due, including extensions, after three years before the date of the filing of the petition”. 11 U.S.C. sec. 507(a)(8)(A)(i) (2000). As stated in Young v. United States, 535 U.S. 43, 46 (2002): “If the IRS has a claim for taxes for which the return was due within three years before the bankruptcy petition was filed, the claim * * * is nondischargeable in bankruptcy”. Petitioner’s income tax return for the taxable year 1996 was due on April 15, 1997. Petitioner filed her chapter 7 bankruptcy 4Sec. 6330(c)(2) provides that a taxpayer may raise at the sec. 6330 hearing “any relevant issue relating to the unpaid tax”, which includes “challenges to the appropriateness of collection actions”. Sec. 6330(c)(2)(A)(ii). Petitioner’s contention that her 1995 and 1996 income tax liabilities were discharged in bankruptcy raises an issue relevant to the appropriateness of the collection action. Washington v. Commissioner, 120 T.C. 114, 120 n.9 (2003).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011