- 11 - 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 dischargePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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