- 23 - that the period of limitations on collection of taxes is suspended under section 6503(h) from a bankruptcy petition filing date until 6 months after the end of the automatic stay. Richmond v. United States, 172 F.3d at 1102; see also Wekell v. United States, 14 F.3d 32, 33 (9th Cir. 1994); West v. United States, 5 F.3d 423, 425 n.2 (9th Cir. 1993). We previously have not expressly decided whether section 6503(b) or section 6503(h)(2) controls the suspension of the running of the collection period of limitations in a bankruptcy proceeding. However, we repeatedly have applied section 6503(h) without any limitation thereon imposed by section 6503(b). See Ogonoski v. Commissioner, T.C. Memo. 2004-52, n.6; Smith v. Commissioner, T.C. Memo. 2003-205; Estate of Johnson v. Commissioner, T.C. Memo. 1999-284, n.7; Provost v. Commissioner, T.C. Memo. 1999-178 (each stating that the collection period of limitations was suspended per section 6503(h)). Because section 6503(b) refers only generally to a court proceeding and because section 6503(h)(2) refers specifically to a bankruptcy proceeding, we conclude that section 6503(h)(2) is applicable to a situation involving bankruptcy and is not limited by section 6503(b).15 15 We acknowledge that there may be instances where sec. 6503(b) may actually provide a longer suspension of the 10-year collection period of limitations than is provided by sec. 6503(h). We do not intend to suggest that in that instance sec. (continued...)Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 NextLast modified: March 27, 2008