Howard and Everlina Washington - Page 14




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          misapplies 11 U.S.C. sec. 523(a)(1)(B)(ii).  An individual debtor           
          is not discharged in a bankruptcy proceeding from a debt for tax            
          with respect to which a return is filed after the date on which             
          such return was last due and after 2 years before the date of the           
          filing of the bankruptcy petition.  11 U.S.C. sec.                          
          523(a)(1)(B)(ii).  In other words, an individual debtor is not              
          discharged in a bankruptcy proceeding from a debt for tax with              
          respect to which a return is filed late and within the 2-year               
          period immediately preceding the filing of the bankruptcy peti-             
          tion.  E.g., Young v. United States, 535 U.S. 43, 48-49 (2002).             
               The September 25, 1998 discharge order of the U.S. Bank-               
          ruptcy Court for the Southern District of New York provided in              
          pertinent part that petitioners were “released from all                     
          dischargeable debts.”  In the instant case, petitioners’ 1994               
          return and petitioners’ 1995 return both were filed late on                 
          December 12, 1996.  Petitioners filed their bankruptcy petition             
          on May 18, 1998.  On the record before us, we find that petition-           
          ers filed their 1994 return and their 1995 return after the                 
          respective dates on which such returns were last due and after 2            
          years before the date on which they filed their bankruptcy                  
          petition.  See 11 U.S.C. sec. 523(a)(1)(B)(ii); see also Young v.           
          United States, supra.  We further find on that record that                  
          pursuant to 11 U.S.C. sec. 523(a)(1)(B)(ii) the U.S. Bankruptcy             
          Court for the Southern District of New York did not discharge               






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