Thomas J. & Gisella Sabath - Page 9

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          the liability for purposes of section 6330(c)(2)(B).  See                   
          Kendricks v. Commissioner, 124 T.C. 69 (2005).  We noted that 11            
          U.S.C. sec. 505(a) (2000) empowers a bankruptcy court in a                  
          bankruptcy proceeding to determine “the amount or legality of any           
          tax, any fine or penalty relating to a tax, or any addition to              
          tax, whether or not previously assessed, whether or not paid, and           
          whether or not contested before and adjudicated by a judicial or            
          administrative tribunal of competent jurisdiction.”  In that                
          respondent in this case filed a proof of claim in petitioners’              
          previous bankruptcy case, we conclude on the basis of Kendricks             
          that petitioner had the opportunity to dispute his underlying tax           
          liability before commencing this lawsuit and thus may not do so             
          in this proceeding.                                                         
               Respondent and petitioner rely upon Washington v.                      
          Commissioner, 120 T.C. 114 (2003).  We conclude that this                   
          reliance is misplaced.  In Washington, the taxpayers challenged             
          the appropriateness of respondent’s proposed collection action              
          because, they stated, a bankruptcy court had discharged them from           
          the unpaid tax liabilities underlying the proposed action.  Id.             
          at 120 n.9.  Section 6330(c)(2)(A)(ii) specifically provides that           
          a person may challenge the appropriateness of a collection action           
          at a hearing conducted under section 6330.  Here, by contrast,              
          petitioner makes no assertion that the bankruptcy court                     
          discharged him from any of the liabilities now sought by                    






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