- 20 - 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...)Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 NextLast modified: March 27, 2008