Chan Q. Kieu and Quynh Kieu - Page 1

                                    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.                            







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