Gregory Iannone - Page 8

                                        - 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 collection                 






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011