Lottie Tyler Richardson - Page 11

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               The Supreme Court held that the 1992 income tax liability              
          was not discharged because the taxpayers’ chapter 13 bankruptcy             
          petition of May 1, 1996, tolled the lookback period.  Id. at 54.            
          The Court explained that limitations periods, such as the                   
          lookback period under 11 U.S.C. sec. 507(a)(8), traditionally are           
          subject to principles of equitable tolling and that neither                 
          section 523 nor section 507 of the Bankruptcy Code contains                 
          language indicating that Congress intended to preclude equitable            
          tolling.  Id. at 48-53.  When the taxpayers filed the chapter 13            
          petition, the automatic stay of Bankruptcy Code section 362(a)              
          prevented collection of their 1992 income tax liability.  Id. at            
          46.  Without the application of equitable tolling, a voluntary              
          dismissal of the chapter 13 petition after the lookback period              
          has expired, followed by the filing of a chapter 7 petition,                
          could be used by taxpayers as a strategy to discharge their                 
          income tax liability.  Id.                                                  
               Applying equitable tolling to the present case, we must                
          conclude that petitioner’s chapter 7 bankruptcy discharge did not           
          relieve her of the 1995 income tax liability.  When petitioner              
          filed the chapter 13 bankruptcy petition on January 28, 1997, the           
          lookback period was tolled until the dismissal of the chapter 13            
          petition on March 11, 1999.  As of petitioner’s chapter 7 filing            
          on July 27, 1999, the lookback period of section 507(a)(8)(A)(i)            
          of the Bankruptcy Code remained open so as to prevent discharge             






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