Neal Swanson - Page 24

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          within the meaning of 11 U.S.C. sec. 523(a)(1)(B).15                        
          Accordingly, we hold that pursuant to 11 U.S.C. sec.                        
          523(a)(1)(B), the U.S. Bankruptcy Court for the Northern District           
          of Texas did not discharge petitioner from his unpaid liabilities           
          for the taxable years 1993, 1994, and 1995.                                 
               B.   Petitioner’s Additional Arguments                                 
               In his petition, petitioner raises additional arguments                
          relating to his bankruptcy filing.  Petitioner alleges that                 
          respondent is enjoined from collecting the unpaid liabilities and           
          that a default judgment occurred because respondent made no                 
          challenge to the bankruptcy filing.  The record in this case is             
          unclear regarding whether these issues were raised at the Appeals           
          hearing.  Respondent has not argued that petitioner did not raise           
          these issues at the Appeals hearing.  In the answer to the                  
          amended petition, respondent claims that it was unnecessary to              
          object to the bankruptcy filing because the unpaid liabilities              
          are excepted from discharge.  Because it appears that                       
          petitioner’s additional arguments were raised at the Appeals                


               15Although not argued by respondent or addressed by the                
          parties, we note that if the SFRs were deemed returns for                   
          purposes of 11 U.S.C. sec. 523(a)(1)(B) then it appears that                
          petitioner’s unpaid liabilities would still be excepted from                
          discharge because copies of MFTRA-X transcripts indicate that the           
          SFRs were filed less than 2 years before the start of the                   
          bankruptcy proceeding.  See 11 U.S.C. sec. 523(a)(1)(B)(ii);                
          Young v. United States, 535 U.S. 43, 48-49 (2002); Washington v.            
          Commissioner, 120 T.C. at 121-122; Thomas v. Commissioner, T.C.             
          Memo. 2003-231.                                                             





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