Antonio L. and Ernestine Thomas - Page 10

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          Accordingly, pursuant to 11 U.S.C. sec. 523(a)(1)(B)(ii) the                
          examination assessment was not discharged in the bankruptcy                 
          proceedings.6                                                               
          Payment                                                                     
               At trial, petitioners raised an additional issue; namely,              
          that any amount owed with respect to 1991 that was not discharged           
          in the bankruptcy proceeding had been paid.  In support of this             
          contention, petitioners introduced a letter issued to them from             
          respondent dated July 21, 1997, indicating that the total amount            
          owed with respect to 1991 was $20.  Petitioners allege that they            
          paid this amount and “additional payments” with respect to 1991.            
               Petitioners’ argument has no merit.  The July 21, 1997,                
          letter on which they rely precedes by 3 months their October 20,            
          1997, execution of the stipulated decision in the Tax Court                 
          proceedings covering 1991 in which they agreed there was a                  

               5(...continued)                                                        
          petition was filed on Oct. 10, 1995.                                        
                                                                                     
               Even if Oct. 10, 1995, were the correct filing date of the             
          bankruptcy petition, it would not change the result herein                  
          because the examination assessment would still be                           
          nondischargeable.  If the filing date of the bankruptcy petition            
          were Oct. 10, 1995, the nondischargeability rule of 11 U.S.C.               
          secs. 523(a)(1)(A) and 507(a)(8)(A)(iii) (2000), relied on by               
          respondent, would apply.  That is, the examination assessment               
          made on Dec. 29, 1997, would be nondischargeable because it was             
          not assessed before, but was assessable after, the commencement             
          of the bankruptcy proceeding on Oct. 10, 1995.                              
               6Petitioners’ amendment of their bankruptcy petition to                
          specifically list their 1991 Federal income tax liabilities has             
          no effect on their dischargeability.                                        





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