- 9 - proceeding. While we acknowledge that the language could have been more precise as to this assumption, when considered in its entirety, the notice of determination indicates that the Appeals officer was willing to assume that petitioner’s 1989 and 1991 tax liabilities were discharged in bankruptcy and instead focus solely on whether the discharge prevents respondent from pursuing collection by levy. We find nothing inappropriate about this decision by the Appeals officer, especially in a case such as this where more than 10 years have passed since the relevant returns were due, and both parties claim to have destroyed most, if not all, of the relevant documents because of this passage of time. As a consequence of our conclusion that the Appeals officer assumed the aforementioned discharge, we need not ourselves also address the question of whether petitioner received a discharge in bankruptcy with respect to his 1989 and 1991 tax liabilities. III. Collection by Levy Petitioner contends that a New Jersey law exempts his section 401(k) retirement account from levy. See N.J. Stat. Ann. sec. 25:2-1(b) (West Supp. 2003). Petitioner contends that this exemption applies here so as to prevent collection by levy. Petitioner cites In re Yuhas, 104 F.3d 612 (3d Cir. 1997), as support for his claim that his section 401(k) retirement account is exempt from Federal tax lien and levy. In that case,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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