Michael V. Severo and Georgina C. Severo - Page 15




                                       - 15 -                                         
               We reiterate our conclusion that, under Bankruptcy Code                
          section 523(a)(1)(A), petitioners’ 1990 Federal income taxes                
          herein were excepted from discharge (i.e., were not discharged).            
          Collection Period of Limitations                                            
               In petitioners’ Appeals Office hearing and before us,                  
          petitioners claim that the collection period of limitations                 
          expired before respondent’s 2005 NFTL was mailed to them and                
          therefore that respondent’s NFTL was unenforceable and should be            
          withdrawn and the underlying tax lien should be released.  See              
          secs. 6322, 6325, and 6326.                                                 
               Respondent does not argue that we should treat the                     
          collection period of limitations issue petitioners raise as a               
          challenge to the underlying tax liability and as an issue                   
          precluded under section 6330(c)(2)(B).8  Rather, respondent                 
          addresses substantively and extensively petitioners’ period of              
          limitations claim and asks us to decide this issue on the merits.           
               Generally, the period of limitations for collection of                 
          assessed Federal income taxes begins on the date taxes are                  
          assessed and ends 10 years thereafter.  Sec. 6502(a)(1).                    
               However, under Bankruptcy Code section 362(a), the filing of           
          a bankruptcy petition creates a temporary injunction against                


               7(...continued)                                                        
          bankruptcy willfully attempted to evade or defeat tax, Bankruptcy           
          Code sec. 523(a)(1)(C).                                                     
               8  See Boyd v. Commissioner, 117 T.C. 127, 130 (2001).                 





Page:  Previous  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next 

Last modified: March 27, 2008