- 18 - Applying the above McAuley interpretation of section 6503(b) to petitioners’ outstanding 1990 Federal income taxes, as petitioners herein request us to do, the collection period of limitations relating to petitioners’ outstanding 1990 Federal income taxes was suspended for approximately 3 years--from the date petitioners filed their bankruptcy petition on September 28, 1994, to a date 1 year after the November 9, 1995, first creditors’ meeting, or until November 9, 1996. In other words, the automatic stay under Bankruptcy Code sec. 362(a) would end 6 months after the November 9, 1995, first creditors’ meeting was held, and the section 6503(b) suspension on the collection period of limitations would end 6 months thereafter. Thus, under the McAuley interpretation of section 6503(b), petitioners’ outstanding 1990 Federal income taxes would be uncollectible (i.e., the 10-year collection period of limitations would have expired long before respondent’s 2005 NFTL and petitioners’ subsequent request for an Appeals Office collection hearing). However, section 6503(h)(2) provides more specifically that the 10-year collection period of limitations on Federal income 10(...continued) (under sec. 6503(b) assets were deemed to be in control of the bankruptcy court until the date of discharge); United States v. Levasseur, 45 AFTR 2d 80-1507, 1512-1513, 80-1 USTC par. 9349 (D. Vt. 1980) (under sec. 6503(b) assets were deemed to be in control of the bankruptcy court until the date of discharge); United States v. Malkin, 317 F. Supp. 612, 616-617 (E.D.N.Y. 1970) (under sec. 6503(b) assets were deemed to be in control of the bankruptcy court until the bankruptcy proceeding is closed).Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NextLast modified: March 27, 2008