Howard and Everlina Washington - Page 31




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          that the Bankruptcy Court did not discharge petitioners from                
          their unpaid tax liabilities for 1994 and 1995.  A fortiori,                
          respondent did not abuse respondent’s discretion in determining             
          to sustain the lien with respect to 1994 and 1995 on the ground             
          that the Bankruptcy Court did not discharge petitioners from                
          those liabilities.  Regardless of the standard of review, peti-             
          tioners have not satisfied that standard.  In other words,                  
          resolution of the bankruptcy discharge issue does not depend on             
          the standard of review.  I therefore see no harm in the majority            
          opinion’s not explicitly stating the standard of review.                    
               I now return to Judge Vasquez’s statement 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).”  While that is not an               
          unreasonable position, I believe the better view is that the                
          bankruptcy discharge issue in the case at hand does not relate to           
          the existence or amount of the underlying tax liability.  That is           
          because the so-called discharge in bankruptcy does not discharge            
          a tax debt; it discharges the individual debtor from the tax                
          debt.  As pertinent here, 11 U.S.C. section 523(a)(1)(B) provides           
          that a discharge under section 727, 1141, 1228(a), 1228(b), or              
          1328(b) of title 11 does not “discharge an individual debtor from           
          any debt” for a tax with respect to which a return was filed late           
          and within the two-year period immediately preceding the date of            






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