Lottie Tyler Richardson - Page 9

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          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).                                 





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