Randal W. Howard - Page 9

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          filing a petition with the Court on April 18, 1980.  McClamma v.            
          Commissioner, supra at 757.  The Court further concluded that,              
          following his discharge in bankruptcy, John McClamma failed to              
          file a petition with the Court within the time prescribed in                
          section 6213(f).  That Court stated:                                        
                    As to the time John had to file a new petition in                 
               this Court, respondent argues that the unexpired                       
               portion of the 90-day period provided under section                    
               6213(a) is added to the 60 days provided by section                    
               6213(f).  Since the 90-day period was stayed by the                    
               filing of a bankruptcy petition after having run 17                    
               days, 73 days plus the 60 days allowed after the                       
               automatic stay was lifted yields 133 days.  We agree                   
               with respondent that John had until January 30, 1981                   
               (133 days from the date of discharge in bankruptcy,                    
               Sept. 19, 1980), to file a new petition in this Court                  
               to contest his Federal income tax liability for 1977.                  
               [Fn. refs. omitted.]                                                   
          Id. at 757-758; see Ash v. Commissioner, T.C. Memo. 1989-367.               
               The parties in the instant case disagree whether the                   
          petition was timely filed with respect to the notices of                    
          deficiency for the taxable years 1989, 1990, and 1991.                      
          Respondent contends that, by virtue of petitioner's bankruptcy              
          filings (and the resulting suspensions of the running of the 90-            
          day period for filing a timely petition with the Court pursuant             
          to section 6213(f)), the time for filing a timely petition with             
          the Court expired on June 23, 1997.  Petitioner counters that his           
          petition was timely filed on the ground that section 6213(f)                
          served to extend the period for filing a petition to September 4,           
          1997--150 days after the date that the bankruptcy court entered             






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