- 23 - Petitioner has neither alleged nor presented any evidence that any of the property to which the Federal tax lien attached or upon which respondent intends to levy is exempt under section 6334(a). Accordingly, we hold that respondent may proceed with the proposed levy in satisfaction of petitioner’s tax liabilities for the 1988, 1989, 1990, 1991, 1993, 1995, 1996 and 1997 taxable years. VI. Petitioner’s Other Contentions. Petitioner contends, in his brief, that respondent does not have a claim because respondent failed to attend the creditors’ meeting on May 27, 2004, to object to petitioner’s discharge. Petitioner’s argument has no merit. Because the tax debts for 1996 and 1997 in the instant case are of the type specified in 11 U.S.C. sec. 523(a)(1), respondent was not required to object or even file a claim to protect against discharge because the liabilities were nondischargeable. Swanson v. Commissioner, 121 T.C. at 128. Furthermore, the Federal tax liens are not extinguished by bankruptcy. 11 U.S.C. sec. 522(c)(2)(B). A discharge in bankruptcy extinguishes only the ability to proceed against the debtor personally; it leaves intact the lien on the debtor’s property. Iannone v. Commissioner, supra at 293. Accordingly, because there were valid Federal tax liens on petitioner’s property for the 1988, 1989, 1990, 1991, 1993, and 1995 taxable years, it was not necessary for respondent to attendPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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