Michael V. Severo and Georgina C. Severo - Page 18




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               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).                





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