- 2 - Steven W. Ianacone and Peter K. Reilly, for respondent. MEMORANDUM OPINION LARO, Judge: Esmat A. and Sylvia Zaklama move the Court to grant leave to file a motion to vacate our order dismissing their case for lack of jurisdiction. The motion for leave will be denied. Unless otherwise noted, section references are to the Internal Revenue Code applicable to the year in issue, and Rule references are to the Tax Court Rules of Practice and Procedure. Background Respondent determined a $101,628 deficiency in petitioners' 1989 Federal income tax and a $20,326 penalty under section 6662. On January 26, 1993, respondent issued petitioners a notice of deficiency reflecting these amounts. On April 14, 1993, petitioners, while residing in Jersey City, New Jersey, petitioned the Court to redetermine the amounts shown in the notice of deficiency. Respondent moved to dismiss petitioners' case for lack of jurisdiction. Respondent asserted that petitioners had filed for bankruptcy on April 5, 1993, and that the automatic stay provisions of 11 U.S.C. sec. 362(a)(8) (1988) were effective when petitioners petitioned this Court. On July 22, 1993, we granted respondent's motion and entered a decision that we lacked jurisdiction.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011