- 10 - the Appeals Office’s consideration of the case. See id. at 493- 494 (holding that issues not raised by a taxpayer during the Appeals Office’s consideration of a case under section 6330 generally will not be considered by the Court upon a review for abuse of discretion). Respondent further contends that, even if we consider the bankruptcy court’s July 27, 2004, order granting petitioner a discharge, respondent may still proceed with collection for the 1988, 1989, 1990, 1991, 1993, and 1995 taxable years6 because respondent had prior liens pursuant to section 6321. Relying on Chase Auto. Fin., Inc. v. Kinion, 207 F.3d 751 (5th Cir. 2000), respondent contends that creditors are not prevented from postdischarge enforcement of a valid lien that existed at the time of the entry of a bankruptcy order for relief, if the lien was not avoided in the bankruptcy proceeding.7 Because petitioner did not file a Form 1040 for the 1996 and 1997 taxable years, respondent further contends that respondent is not foreclosed from collecting the taxes for 1996 and 1997 because 11 U.S.C. sec. 523(a)(1)(B)(2000) excepts them from discharge. Swanson v. Commissioner, 121 T.C. 111, 120-121 (2003). 6 Petitioner filed tax returns for these years but failed to pay the balances due. 7 Respondent contends that, since the record in the instant case does not contain any indication that the sec. 6321 liens were avoided, respondent may proceed with collection of petitioner’s tax liabilities for the years in issue.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011