Michael V. Severo and Georgina C. Severo - Page 23




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          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...)           






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