Howard and Everlina Washington - Page 29




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          Court, have concurrent jurisdiction with the district courts to             
          decide various bankruptcy discharge issues.2                                
               The second paragraph of Judge Vasquez’s concurring opinion             
          indicates some uncertainty about what aspect of respondent’s                
          determination with respect to 1994 and 1995 we are reviewing.               
          The Court is reviewing (1) respondent’s ultimate determination              
          that “The determination * * * to file the lien is sustained” and            
          (2) the determination in support of that ultimate determination             
          that the Bankruptcy Court did not discharge petitioners from                
          their unpaid tax liabilities for the taxable years 1994 and 1995.           
               Judge Vasquez states in his third paragraph that a challenge           
          to the appropriateness of collection action under section                   
          6330(c)(2)(A)(ii) appears to him to be more about the type and/or           
          method of collection chosen by the IRS rather than being about              
          whether petitioners’ taxes were discharged in bankruptcy.  In my            
          view, a question about the appropriateness of the collection                
          action includes whether it is proper for the IRS to proceed with            
          the collection action as determined in the notice of determina-             
          tion.  I would conclude, and the parties agree, that if the                 
          Bankruptcy Court discharged petitioners from their unpaid tax               
          liabilities for 1994 and 1995, any collection action for those              

               2See text infra at notes 3 and 4 and authorities cited for             
          the proposition that other courts have concurrent jurisdiction              
          with the district courts sitting in bankruptcy (and bankruptcy              
          courts under 28 U.S.C. sec. 157(a)) over all but certain                    
          specified bankruptcy discharge issues.                                      





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