Howard and Everlina Washington - Page 30




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          years would be inappropriate, and therefore respondent could not            
          proceed.  In any event, a challenge to the appropriateness of               
          collection action under section 6330(c)(2)(A)(ii) is illustrative           
          of the type of “any relevant issue relating to the unpaid tax”              
          the taxpayer may raise under section 6330(c)(2)(A).                         
               Judge Vasquez goes on to state in his fourth paragraph that            
          “Whether petitioners’ taxes have been discharged in bankruptcy              
          appears to be a challenge to the existence or amount of their               
          underlying tax liability under section 6330(c)(2)(B).”                      
               Preliminarily, I note that whether there is an issue under             
          section 6330(c)(2)(B) is not crucial to resolving (1) whether we            
          have jurisdiction to decide whether petitioners were discharged             
          from their unpaid tax liabilities for 1994 and 1995 and (2) if we           
          do have such jurisdiction, whether they were so discharged.                 
          Whether there is an issue under section 6330(c)(2)(B) is relevant           
          only for the purpose of determining whether we are deciding this            
          case under a de novo standard of review or an abuse-of-discretion           
          standard of review.                                                         
               This leads to Judge Vasquez’s comments regarding the stan-             
          dard of review.  Judge Vasquez indicates that, assuming we have             
          jurisdiction, it is unclear what standard of review to apply in             
          resolving the bankruptcy discharge issue.  Although, the majority           
          opinion does not explicitly state what that standard is, the                
          opinion clearly and properly applies a de novo standard and holds           






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