Howard and Everlina Washington - Page 35




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          in the collection of tax debts that are due and owing if they               
          have not been discharged in bankruptcy.                                     
               Having decided we have jurisdiction, there is only one                 
          question we must address in the lien proceeding at hand in order            
          to decide whether to sustain or reject in whole or in part the              
          collection action in respondent’s notice of determination.  That            
          one question is whether petitioners were discharged under 11                
          U.S.C. section 523(a)(1)(B)(ii) from their unpaid tax liabilities           
          for the taxable years 1994 and 1995.  This Court, not the Bank-             
          ruptcy Court, should resolve that question in the lien proceeding           
          at hand, and the Court has properly done so.                                
               A final note:  The bankruptcy discharge issue in the case at           
          hand is a slam dunk for respondent.  Petitioners’ argument on the           
          merits of this issue borders on being frivolous.  The majority              
          opinion properly shows no hesitation in deciding the issue.                 
          Nothing the Court does today will prevent us from revisiting, in            
          subsequent collection cases in which other bankruptcy discharge             
          issues are raised, whether, as a matter of comity and discretion,           
          we should defer to the Bankruptcy Court’s expertise and authority           
          to construe and apply its own order of discharge.                           
               GERBER, J., agrees with this concurring opinion.                       











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