Neal Swanson - Page 10

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               Bankruptcy Court for the Southern District of New York                 
               discharged petitioners from such unpaid liabilities.                   
          Thus, we exercised jurisdiction in the lien proceeding to decide            
          the bankruptcy discharge issue.4                                            
               A levy proceeding, like a lien proceeding, is commenced                
          under section 6330(d)(1).5  A levy proceeding is also “closely              
          related to and has everything to do with collection of a                    
          taxpayer’s unpaid liability for a taxable year.”  Washington v.             
          Commissioner, supra at 120.  There is no reason for                         
          distinguishing levy proceedings from lien proceedings for                   
          purposes of exercising jurisdiction in the context of this case.            
          Accordingly, we hold that in this levy proceeding we have                   
          jurisdiction to determine whether the U.S. Bankruptcy Court for             
          the Northern District of Texas discharged petitioner from the               
          unpaid liabilities for the years 1993, 1994, and 1995.                      
          II. Nature of the Arguments Under Section 6330(c)(2)                        
               Under section 6330, a taxpayer is entitled to notice and an            
          opportunity for a hearing before certain lien and levy actions              
          are taken by the Commissioner in the process of collecting unpaid           


               4See also Thomas v. Commissioner, T.C. Memo. 2003-231 (Tax             
          Court has jurisdiction in lien proceeding to decide whether                 
          unpaid tax liabilities have been discharged in bankruptcy);                 
          Richardson v. Commissioner, T.C. Memo. 2003-154 (same).                     
               5Sec. 6330(d)(1) provides rules governing judicial review of           
          determinations relating to levies.  Sec. 6320(c), which deals               
          with liens, provides that the rules in sec. 6330(d)(1) apply to             
          judicial review of determinations relating to liens.                        





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