- 8 - petition. The tax, therefore, is not dischargeable under Federal law. Petitioners also contend that, after their bankruptcy discharge, the bankruptcy proceeding was reopened in order to allow into the bankruptcy estate a monetary judgment of $607,500 petitioners recovered against a former employer. Because of this reopening of the bankruptcy proceeding, petitioners contend that a new "stay" came into effect. The Court rejects that argument because no evidence was presented to show that the stay was reinstituted by the bankruptcy court. See Guerra v. Commissioner, 110 T.C. 271, 277-278 (1998). The reopening of the bankruptcy proceeding is not a restoration of the stay against this Court. The Court holds that petitioners are liable for the additional tax under section 72(t). Respondent is sustained on this issue. The second issue is whether petitioners are liable for the accuracy-related penalty under section 6662(a) for negligence or disregard of rules or regulations. Section 6662(a) provides that, if it is applicable to any portion of an underpayment in taxes, there shall be added to the tax an amount equal to 20 percent of the portion of the underpayment to which section 6662 applies. Section 6662(b)(1) provides that section 6662 shallPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011