Juanita and Emmanuel Kendricks - Page 5

                                        - 5 -                                         
          Respondent’s Determinations of Deficiencies and Assessments                 
               On March 24, 1995, respondent mailed to petitioners                    
          statutory notices of deficiency (notices) determining the                   
          deficiencies in, and additions to, tax that underlie the unpaid             
          assessments.  Petitioners failed to petition the Tax Court in               
          response to the notices, and, as a result, respondent assessed              
          the deficiencies and additions to tax that he had determined.               
          Bankruptcy Case                                                             
               On September 13, 1996, petitioners filed a voluntary                   
          petition in bankruptcy under Chapter 13 of the Bankruptcy Code,             
          11 U.S.C. ch. 13 (“Adjustment of Debts of an Individual with                
          Regular Income”), in the United States Bankruptcy Court for the             
          Middle District of Georgia (the bankruptcy case and the                     
          bankruptcy court, respectively).  On October 21, 1996,                      
          petitioners filed with the bankruptcy court both a Chapter 13               
          plan and a statement of financial affairs, which listed the                 
          Internal Revenue Service (IRS) as a secured creditor with a total           
          claim of $338,571, of which $206,073 was listed as secured.  On             
          October 22, 1996, the IRS filed a claim against petitioners                 
          (called a “proof of claim” in bankruptcy parlance) for $428,780,            
          on the basis of unpaid taxes for 1982 through 1985, all of which            
          amount was listed as secured.  On November 14, 1996, petitioners            
          filed an objection to the IRS’s proof of claim on the basis “that           
          the claim is not owed”, and, on November 15, 1996, petitioners              

Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next

Last modified: May 25, 2011