Howard and Everlina Washington - Page 33




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          debts, is not exclusive,3 but is concurrent with other courts.4             
               There may be concern whether, as a matter of comity and                
          discretion, we should refrain from deciding the discharge issue             
          and instead remit petitioners to the Bankruptcy Court, which has            
          expertise and authority to construe and apply its own order of              
          discharge.  Of course, this Court has decided myriad cases in               
          which, in order to resolve the tax issues, we decided issues of             
          law, both Federal and State, outside our primary expertise.  We             
          have not hesitated to do so before, and we properly do so in the            
          case at hand.                                                               
               It should be noted that if we declined to resolve the                  
          bankruptcy dischargeability issue, we could not force petitioners           
          to return to the Bankruptcy Court to have that court resolve that           
          question.  What would we do if petitioners should refuse to go to           
          the Bankruptcy Court and insist that we decide the bankruptcy               

               3Bankruptcy Courts have exclusive jurisdiction only with               
          respect to debts enumerated in 11 U.S.C. sec. 523(a)(2), (4),               
          (6), and (15).  See 11 U.S.C. sec. 523(c).                                  
               4See, e.g., In re Zitzman, 46 F. Supp. 314, 315 (E.D.N.Y.              
          1942); In re Crawford, 183 Bankr. 103, 105 (Bankr. W.D. Va.                 
          1995); In re Galbreath, 83 Bankr. 549, 551 (Bankr. S.D. Ill.                
          1988); Fed. R. Bankr. Proced. 4007 Advisory Committee’s Note                
          (1983) (“Jurisdiction over this issue on these debts is held                
          concurrently by the Bankruptcy Court and any appropriate                    
          nonbankruptcy forum.”); 4 Collier on Bankruptcy, par. 523.03, at            
          523-17 (15th ed. rev. 1996).  Jurisdiction to determine                     
          bankruptcy dischargeability issues may be exercised by the                  
          Bankruptcy Court as well as other courts with respect to all                
          debts enumerated in 11 U.S.C. sec. 523(a), including 11 U.S.C.              
          sec. 523(a)(1) relating to tax debts, except 11 U.S.C. sec.                 
          523(a)(2), (4), (6), and (15).                                              





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