Robert William Woods - Page 14

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          filed within the time prescribed under 11 U.S.C. 507(a)(8).                 
          Section 507(a) of the Bankruptcy Code establishes a priority for            
          claims; section 507(a)(8) provides, in pertinent part, as                   
          follows:                                                                    
               (8) Eighth, allowed unsecured claims of governmental                   
               units, only to the extent that such claims are for--                   
                    (A) a tax on or measured by income or gross                       
                    receipts--                                                        
                         (i) for a taxable year ending on or before                   
                         the date of the filing of the petition for                   
                         which a return, if required, is last due,                    
                         including extensions, after three years                      
                         before the date of the filing of the                         
                         petition;                                                    
                         (ii) assessed within 240 days, plus any time                 
                         plus 30 days during which an offer in                        
                         compromise with respect to such tax that was                 
                         made within 240 days after such assessment                   
                         was pending, before the date of filing the                   
                         petition; or                                                 
                         (iii) other than a tax of a kind specified                   
                         under section 523(a)(1)(B) or 523(a)(1)(C) of                
                         this title, not assessed before, but                         
                         assessable, under applicable law or by                       
                         agreement, after, the commencement of the                    
                         case;                                                        

          Thus, according to petitioner, respondent’s claims for                      
          petitioner’s income taxes are valid only if a tax return was due            
          within 3 years of the filing of the petition with the bankruptcy            
          court, or the tax was assessed within 240 days before the filing            
          of the petition with the bankruptcy court.                                  








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