- 7 - discharged their liabilities. The March 14, 1997, discharge order generally releases the petitioners from all dischargeable debts, “(a) debts dischargeable under 11 U.S.C. Section 523; (b) * * * debts alleged to be excepted from discharge under clauses (2), (4), (6) and (15) of 11 U.S.C. Section 523(a)”, and other debts the bankruptcy court further determined to be discharged. The Supreme Court has stated in Young v. United States, 535 U.S. 43, 44 (2002), that “A discharge under the Bankruptcy Code does not extinguish certain tax liabilities for which a return was due within 3 years before the filing of an individual debtor’s petition. 11 U.S.C. ��523(a)(1)(A), 507(a)(8)(A)(i).” Or to put it another way, an income tax is a nondischargeable priority claim against the estate if it relates to a tax return whose due date, including extensions, was less than 3 years before the commencement of the bankruptcy case. 11 U.S.C. sec. 507(a)(8)(A)(i) (2000). As previously noted, petitioners filed a bankruptcy petition on September 30, 1996. The 1992, 1993, and 1994 tax liabilities are nondischargeable because they relate to tax returns the due date of which, including extensions, was less than 3 years from the date the bankruptcy petition was filed. 11 U.S.C. secs. 523(a)(1) and 507(a)(8)(A). The 1995 tax liability is non- dischargeable because it relates to a tax return the due date ofPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011