- 8 - II. Discharge in Bankruptcy Respondent contends that the notice of determination is ambiguous as to whether petitioner’s 1989 and 1991 income tax liabilities were discharged in bankruptcy. Respondent points to language in both the notice of determination and the attachment to the notice of determination to support his contention. Respondent notes that while the notice of determination states that “we agreed that the taxes were dischargeable”, the attachment states both that “the bankruptcy may have discharged the 1040 liabilities” and that “it was agreed upon at our conference that the liabilities * * * might be dischargeable.” Respondent requests that we remand this case to respondent’s Appeals office in order for an Appeals officer to make a clear determination as to whether petitioner’s 1989 and 1991 tax liabilities were discharged in bankruptcy. Petitioner argues that the Appeals officer agreed with petitioner that petitioner’s 1989 and 1991 tax liabilities were discharged in bankruptcy. Petitioner further argues that the issue of remand was not raised prior to or at trial, and consequently should be disregarded. After review of the notice of determination and the attachment thereto, we conclude that the Appeals officer agreed to assume that petitioner’s 1989 and 1991 tax liabilities were discharged in bankruptcy for the purpose of this collectionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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