- 2 - tion over either 1991 or 1995. Background Petitioner resided in Houston, Texas, at the time he filed the petition in this case on December 9, 1996. In that petition, petitioner disputed a deficiency, an addition to tax under section1 6651(a)(1), and a penalty under section 6662 that were determined by respondent in a notice of deficiency issued to him for 1991 (1991 notice). He also disputed a deficiency and a penalty that he alleged were determined in a notice of deficiency issued to him for 1995. The record in this case establishes, and the parties con- cede, the following facts: On December 15, 1994, petitioner filed for bankruptcy (petitioner's bankruptcy case) in the U.S. Bankruptcy Court for the Southern District of Texas, Houston Division (Bankruptcy Court). On October 19, 1995, respondent mailed to petitioner the 1991 notice. That notice stated in pertinent part: Even though you are in bankruptcy, you may want to contest this deficiency in the United States Tax Court. Under Bankruptcy Code section 362(a)(8), however, the filing of a petition with the Tax Court is automati- cally stayed because of your bankruptcy case. When the automatic stay is in effect, you must ask the Bank- ruptcy Court (under Bankruptcy Code section 362(d)(1)) to lift the stay so you can file a petition with the Tax Court. You have 90 days from the date of this letter (150 days if the letter is addressed to you outside the United States), plus any additional period 1 All section references are to the Internal Revenue Code in effect at relevant times.Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011