Antonio L. and Ernestine Thomas - Page 9

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          discharged in bankruptcy pursuant to 11 U.S.C. secs. 523(a)(1)(A)           
          and 507(a)(8)(A)(iii) (2000).  Those sections provide                       
          collectively that an income tax liability that is “not assessed             
          before, but assessable * * * after” commencement of the                     
          bankruptcy proceeding, is not dischargeable.  Thus, respondent              
          argues, the examination assessment, which was not made before the           
          commencement of the bankruptcy proceeding on March 10, 1995, but            
          instead was made after commencement, on December 29, 1997, was              
          not dischargeable pursuant to the foregoing provisions.                     
               We agree that the examination assessment was not                       
          dischargeable but disagree with respondent’s analysis.                      
          Specifically exempted from the nondischargeability rule for                 
          income taxes that were not assessed before but are assessable               
          after commencement of bankruptcy proceedings are income taxes               
          with respect to which a return was filed after its due date                 
          (including extensions) and after 2 years before the filing of the           
          bankruptcy petition.  See 11 U.S.C. secs. 507(a)(8)(A)(iii),                
          523(a)(1)(B)(ii) (2000).  Such taxes are nondischargeable without           
          regard to the timing of the assessment.  Petitioners’ 1991 return           
          was untimely filed on September 28, 1993, which is after 2 years            
          before the filing of the bankruptcy petition on March 10, 1995.5            

               5We note that there is a discrepancy in the record regarding           
          the filing date of the bankruptcy petition.  The parties have               
          stipulated that the petition was filed on Mar. 10, 1995; however,           
          the bankruptcy court’s discharge order indicates that the                   
                                                             (continued...)           





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