Michael V. Severo and Georgina C. Severo - Page 10




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          under the provisions of the Bankruptcy Code.  See Bankruptcy Code           
          sec. 727(b); Woods v. Commissioner, T.C. Memo. 2006-38.                     
               Generally, under Bankruptcy Code section 523(a)(1)(A) tax              
          liabilities of a debtor in bankruptcy that qualify as priority              
          claims under Bankruptcy Code section 507(a)(7) will be excepted             
          from discharge and will remain liabilities of the debtor in                 
          bankruptcy after the bankruptcy proceeding is concluded.                    
          Bankruptcy Code section 523(a)(1)(A) provides as follows:                   

               § 523.  Exceptions to discharge.                                       
                    (a) A discharge under section 727 * * * of this                   
               title does not discharge an individual debtor from any                 
               debt--                                                                 
                    (1) for a tax * * *                                               
                    (A) of the kind and for the periods specified in                  
               section * * * 507(a)(7) of this title, whether or not a                
               claim for such tax was filed or allowed * * *                          

               Under the cross-referenced Bankruptcy Code section                     
          507(a)(7)(A)(i), Federal income taxes are to be treated as                  
          priority claims (and therefore under Bankruptcy Code section                
          523(a)(1)(A) as excepted from discharge) where they relate to a             
          tax year of a debtor in bankruptcy which ended on or before the             
          date the related bankruptcy petition was filed and where the                
          Federal income tax return for the year was due to be filed with             
          respondent, with extensions, within the 3-year lookback period              
          immediately before the filing of the bankruptcy petition.                   







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