Thomas L. Freytag and Sharon N. Freytag - Page 14

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               liabilities.  The bankrupt's right to invoke the                       
               jurisdiction of the bankruptcy court was available after               
               immediate assessment of tax by the IRS, but the ruling of              
               the bankruptcy court had a limited effect on the IRS.  The             
               IRS could proceed after the immediate assessment of the tax            
               to collect the tax by levy and distraint on the bankrupt's             
               property and could seize and sell assets in which the                  
               bankrupt had an interest.                                              
               As the court in Abel v. Campbell, 334 F.2d 339, 341 (5th               
          Cir. 1964), explained, the pre-1980 section 6871 was meant to               
          take jurisdiction of a pending case from the Tax Court.                     
               once a tax claim has been asserted and allowed in a                    
               bankruptcy proceeding * * * neither the language of the                
               Code nor the sense of the situation suggests that any                  
               of the procedure of section 6213 again becomes                         
               prerequisite to the establishment and collection of                    
               that particular tax liability. [Id. at 342, quoting                    
               Cohen v. Gross, 316 F.2d 521, 523 (3d Cir. 1963)].                     
               This results, however, from the pre-1980 version of section            
          6871 and the intricacies of the Bankruptcy Act.  On the other               
          hand, the present Bankruptcy Code merely stays Tax Court                    
          proceedings while the case is processed by the bankruptcy court.            
          See 11 U.S.C. sec. 362(a)(8), (c)(2)(C).  Thereafter, the rules             
          of res judicata are applicable as discussed infra.                          
               Furthermore, even if this Court lacked subject matter                  
          jurisdiction, that fact would not affect the suspension of the              
          period of limitations for assessment.  There was still a petition           
          before this Court with respect to the deficiencies for 1978,                
          1981, and 1982.  Consequently, the period of limitations under              
          section 6503(a) was still tolled.  Green Spring Dairy v.                    
          Commissioner, 208 F.2d 471 (4th Cir. 1953), affg. 18 T.C. 217               





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