- 17 - 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 dischargedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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