- 3 -
was subsequently transferred to the U.S. Bankruptcy Court for the
Middle District of Florida (the Bankruptcy Court).
On August 14, 1991, respondent filed in petitioners'
bankruptcy proceeding a proof of claim and on August 23, 1991,
respondent filed an amended proof of claim on behalf of the
United States reflecting respondent's determination of
petitioners' Federal income tax liabilities for the years in
issue.3 Respondent notified this Court of the bankruptcy
proceedings, and pursuant to 11 U.S.C. sec. 362(a)(8)(1994)
(Bankruptcy Code), this Court on May 17, 1991, stayed all
proceedings in these cases (the automatic stay).
On November 13, 1991, petitioners filed with the Bankruptcy
Court an objection to respondent's proof of claim and a complaint
for an adversary hearing regarding respondent's proof of claim.
On January 31, 1992, a chapter 11 trustee (the trustee) was
appointed to replace petitioners as the debtor-in-possession. On
July 7, 1992, the Bankruptcy Court held an adversarial hearing
(the hearing), inter alia, on petitioners' objection to
respondent's proof of claim. On July 23, 1992, at the conclusion
the hearing, the Bankruptcy Court announced its oral findings.
On May 7, 1993, based on the evidence submitted to the Bankruptcy
Court at the July 7, 1992, hearing, the Bankruptcy Court entered
3 The proof of claim filed by respondent included the taxable
years 1985 through 1988, which are the years in issue in the
instant cases, as well as 1984, 1989, and 1990, which years are
not before this Court.
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