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Sec. 6322; see also Iannone v. Commissioner, 122 T.C. 287,
292-293 (2004).
Federal tax liens of which notice has been filed are not
extinguished by personal discharge in bankruptcy. 11 U.S.C. sec.
522(c)(2)(B) (2004); see also Iannone v. Commissioner, supra at
293. “A discharge of personal liability in bankruptcy
‘extinguishes only one mode of enforcing a claim--namely, an
action against the debtor in personam--while leaving intact
another--namely, an action against the debtor in rem.’” Iannone
v. Commissioner, supra at 293. (quoting Johnson v. Home State
Bank, 501 U.S. 78, 84 (1991). Any pre-existing Federal tax liens
remain in effect and attach to assets owned prior to the date of
the filing the bankruptcy petition. 11 U.S.C. sec. 522(c)(2)(B);
Iannone v. Commissioner, supra at 293.
The record in the instant case shows that, before petitioner
commenced his case in bankruptcy, respondent properly assessed
and demanded payment of the tax liabilities owed for the 1988,
1989, 1990, 1991, 1993, and 1995 taxable years. Petitioner has
presented no evidence that the Federal tax liens arising from
those liabilities were defective. Petitioner simply insists that
his tax debts were discharged by the bankruptcy court’s July 27,
2004, order. However, when petitioner filed for bankruptcy,
there were valid Federal tax liens on his property.
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