- 11 -
unpaid liability. See sec. 6330(d)(1).8 In the instant case,
the Appeals Office determined in the notice of determination,
inter alia, that the U.S. Bankruptcy Court for the Southern
District of New York did not discharge petitioners from their
respective unpaid liabilities for their taxable years 1994 and
1995 and that respondent may proceed by lien with respect to such
liabilities.
We have held in deficiency proceedings commenced in the
Court under section 6213 that we do not have jurisdiction to
determine whether a U.S. Bankruptcy Court has discharged a
taxpayer from an unpaid tax liability in a bankruptcy proceeding
instituted by such taxpayer. Neilson v. Commissioner, 94 T.C. 1,
9 (1990); Graham v. Commissioner, 75 T.C. 389, 399 (1980). In so
holding, we relied on Swanson v. Commissioner, 65 T.C. 1180, 1184
(1976), in which we observed that an action brought for
redetermination of a deficiency “has nothing to do with collec-
tion of the tax nor any similarity to an action for collection of
a debt”.
In contrast to a deficiency proceeding, a lien proceeding
commenced in the Court under section 6330(d)(1), such as the
instant lien proceeding, is closely related to and has everything
8The instant case deals with a lien, which is subject to
sec. 6320. Sec. 6320(c) provides that “subsections (c), (d)
(other than paragraph (2)(B) thereof), and (e) of section 6330
[relating to proposed levies] shall apply.”
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011