- 5 - 630 (5th Cir. 1933). But cf. Harbold v. Commissioner, 51 F.3d 618, 621-622 (6th Cir. 1995). Petitioners do not allege that the decision is the result of a mutual mistake or fraud on the Court, or that the Court's order dismissing their case for lack of jurisdiction was erroneous when entered. As we understand petitioners' argument, we now have jurisdiction over their case because the bankruptcy court said we do. Whether petitioners are correct that the bankruptcy court can bestow jurisdiction on this Court retrospectively by voiding an automatic stay ab initio we need not decide. Petitioners failed to move this Court timely, and they have failed to set forth any good reason why they did not. Petitioners have failed to persuade us that we should file their motion to vacate at this late time. Petitioners have had a number of opportunities to maintain their case before this Court. For example, they could have moved the bankruptcy court for permission to petition this Court during the period that would otherwise be covered by the automatic stay. Likewise, they could have petitioned this Court after the automatic stay was lifted on March 21, 1995. When an automatic stay is in effect, section 6213(f) suspends the 90-day period in which a taxpayer must petition the Court, see sec. 6213(a), and gives the taxpayer at least 60 days in which to petition this Court following the lifting of the automatic stay.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011