Frank W. George - Page 13




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          Arivada was a sham and that it lacked economic substance, and                
          therefore that the amounts paid to Arivada of $62,989 for 1993               
          and $78,772 for 1994 are taxable income to petitioner.                       
                                     II.  OPINION                                      
          A.   Procedural Issues                                                       
               1.   Whether Petitioner Was Denied an Opportunity To Conduct            
                    Discovery                                                          
               Petitioner contends that he did not have enough time to                 
          conduct discovery because the case was being considered by the               
          IRS Appeals Office until 20 days before the session for which the            
          case was set for trial.  We disagree.  The fact that petitioner’s            
          case was being considered by Appeals did not limit his ability to            
          seek discovery.  Rule 70(a)(2).                                              
               2.   Whether We Have Jurisdiction After the Bankruptcy Court            
                    Lifted the Automatic Stay                                          
               On the first day of the session of this Court at which this             
          case was calendared for trial, petitioner filed a petition for               
          relief under chapter 13 of the Bankruptcy Code with the United               
          States Bankruptcy Court for the District of Arizona.  Once a                 
          taxpayer files a petition in bankruptcy, the automatic stay of 11            
          U.S.C. section 362(a)(8) (1994) bars the commencement or                     
          continuation of proceedings against the debtor in the Tax Court.             
          The bankruptcy court may lift the automatic stay of 11 U.S.C.                
          section 362(a)(8) (1994).  See 11 U.S.C. sec. 362(d), (e), and               
          (f) (1994).  The next day, respondent filed a motion to lift the             






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