Michael V. Severo and Georgina C. Severo - Page 20




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          6503(h) will not end until issuance by the bankruptcy court of a            
          discharge order, plus an additional 6 months.11                             
               Applying section 6503(h)(2) to petitioners’ 1990 Federal               
          income taxes, the collection period of limitations relating to              
          petitioners’ 1990 Federal income taxes was suspended for                    
          approximately 4 years--from the date that petitioners filed their           
          bankruptcy petition on September 28, 1994, to approximately                 
          March 17, 1998 (the date the bankruptcy court’s discharge order             
          was issued), plus an additional 6 months, or until approximately            
          September 17, 1998.  As of September 17, 1998, the collection               
          period of limitations applicable to petitioners’ 1990 Federal               
          income taxes would have had more than 7 years left to run and               
          would not have expired until after October 2005.                            
               Thus, under section 6503(h)(2), the collection period of               
          limitations relating to petitioners’ 1990 Federal income taxes              
          would not have expired before respondent’s September 7, 2005,               
          NFTL and before petitioners on September 15, 2005, filed their              
          request for an Appeals Office collection hearing.12                         

               11 Richmond v. United States, 172 F.3d 1099 (9th Cir. 1999),           
          involved the immediate predecessor to sec. 6503(h) (namely, sec.            
          6503(i)), which contained language identical to the current                 
          version of sec. 6503(h)).                                                   
               12 The 10-year (or 3,652 day) collection period of                     
          limitations began to run for petitioners’ 1990 Federal income               
          taxes on the date of respondent’s assessment--Nov. 18, 1991.                
          From Nov. 18, 1991, to Sept. 28, 1994 (the date petitioners’                
          bankruptcy petition was filed), represents 1,046 days.  Thus,               
          after petitioners filed their bankruptcy petition, 2,604 days               
                                                             (continued...)           





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