105 T.C. No. 26 UNITED STATES TAX COURT CHAN Q. KIEU AND QUYNH KIEU, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 22997-94. Filed December 7, 1995. On Oct. 21, 1993, Ps filed a bankruptcy petition under chapter 7 of the Bankruptcy Code. On March 14, 1994, R issued a notice of deficiency to Ps for the taxable year 1989. On Nov. 1, 1994, the bankruptcy court entered an order granting summary judgment against Ps and determining that Ps' debts are nondischargeable under 11 U.S.C. sec. 727 (1988). On Dec. 12, 1994, Ps filed a petition for redetermination with this Court. On Jan. 23, 1995, the bankruptcy court entered an order granting Ps' motion for relief from judgment and vacating its order entered Nov. 1, 1994. On July 21, 1995, this Court issued an order directing the parties to show cause why this case should not be dismissed for lack of jurisdiction. Held: The bankruptcy court's order entered Nov. 1, 1994, denied Ps a discharge of their debts under 11 U.S.C. sec. 727 (1988), and, thus, served to terminate the automatic stay imposed under 11 U.S.C. sec. 362(a)(8) (1988). See 11 U.S.C. sec. 362(c)(2)(C) (1988). Held, further, The bankruptcy court's order entered Jan. 23, 1995, while vacating the bankruptcy court's order entered Nov. 1, 1994, does not reinstate the automatic stay. See Allison v. Commissioner, 97 T.C. 544 (1991). Held, further, the petition filed herein was not filed in violation of the automatic stay and Ps properly invoked this Court's jurisdiction. Sec. 6213(f), I.R.C. Kevin O'Hara and Thomas A. Greco, for petitioners. Linas N. Udrys and Peter Reilly, for respondent.Page: 1 2 3 4 5 6 7 8 9 10 11 Next
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