Jerome P. and Rhonda A. Reimann - Page 9

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          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 shall               







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