- 17 - Federal income tax deficiencies, we do not have jurisdiction to determine whether a bankruptcy court has discharged a taxpayer from an unpaid tax liability. Neilson v. Commissioner, supra at 9; Graham v. Commissioner, 75 T.C. 389, 399 (1980); Bilski v. Commissioner, T.C. Memo. 1994-55; McAlister v. Commissioner, T.C. Memo. 1993-166.8 II. Capital Gain in 1994 on the Sale of New Jersey House Respondent determined that petitioner’s corrected capital gain on the sale of the New Jersey house was not $76,771 (as reported on petitioner’s 1994) return but rather $90,888, computed as follows: 8In contrast to a deficiency proceeding, a lien proceeding commenced in this Court under sec. 6330(d)(1) “is closely related to and has everything to do with collection of a taxpayer’s unpaid liability for a taxable year.” Washington v. Commissioner, 120 T.C. 114, 120 (2003). Thus, this Court has jurisdiction in a lien or levy proceeding commenced under sec. 6330(d)(1) to determine whether a bankruptcy court has discharged the taxpayer from unpaid tax liabilities. Swanson v. Commissioner, 121 T.C. 111 (2003); Washington v. Commissioner, supra.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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