James Wilson Richmond, Jr. - Page 17

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          authority to credit overpayments to any liability for any tax               
          year and, therefore, was proper.                                            
               4.   Violation of Automatic Bankruptcy Stay                            
               Petitioner asserts that the bankruptcy court discharged his            
          1994 tax liability when it granted petitioner a discharge on                
          November 13, 2002, and that respondent’s application of the                 
          $3,377 from petitioner’s 1999 account to his 1994 tax liability             
          violated the automatic stay imposed under 11 U.S.C. sec. 362.               
          We have jurisdiction in this levy proceeding to determine whether           
          petitioner’s unpaid liabilities were discharged in bankruptcy.              
          See Washington v. Commissioner, 120 T.C. 114 (2003).                        
               The Certificates of Official Record for petitioner’s 1994              
          and 1999 tax years reflect that the $3,377 overpayment from                 
          petitioner’s 1999 account was applied to petitioner’s outstanding           
          1994 tax liability in October 2001.  Petitioner did not file his            
          bankruptcy petition until July 30, 2002.   Thus, there could not            
          have been a violation of the automatic bankruptcy stay before the           
          filing of a bankruptcy petition.  We conclude, therefore, that              
          respondent’s application of the funds from petitioner’s 1999                
          overpayment was permitted.  Moreover, since the funds were                  
          applied to petitioner’s 1994 tax liability before petitioner                
          filed for bankruptcy, petitioner was no longer liable for that              
          portion of the 1994 liability when he filed for bankruptcy.                 
          Consequently, any of petitioner’s 1994 tax liability discharged             






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