Judith K. Guerra, a.k.a. Judith Harvey - Page 5

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          Discussion                                                                  
               The Tax Court is a court of limited jurisdiction, and we may           
          exercise our jurisdiction only to the extent authorized by                  
          Congress.  Naftel v. Commissioner, 85 T.C. 527, 529 (1985).  Our            
          jurisdiction to redetermine a deficiency depends upon the                   
          issuance of a valid notice of deficiency and a timely filed                 
          petition.  Rule 13(a),(c); Monge v. Commissioner, 93 T.C. 22, 27            
          (1989); Normac, Inc. & Normac International v. Commissioner, 90             
          T.C. 142, 147 (1988).                                                       
               Section 6212(a) expressly authorizes the Commissioner, after           
          determining a deficiency, to send a notice of deficiency to the             
          taxpayer by certified or registered mail.  The taxpayer, in turn,           
          generally has 90 days from the date the notice of deficiency is             
          mailed to file a petition in this Court for a redetermination of            
          the deficiency.  Sec. 6213(a).                                              
               An exception to the normal 90-day filing period arises where           
          the taxpayer has filed a petition for relief under the Bankruptcy           
          Code.  In particular, 11 U.S.C. sec. 362(a)(8) (1994) provides in           
          pertinent part:                                                             
               (a) Except as provided in subsection (b) of this                       
               section, a petition filed under section 301, 302, or                   
               303 of this title, * * * operates as a stay, applicable                
               to all entities, of--                                                  
          *       *       *        *        *        *        *                       
                                                                                     
                        (8) the commencement or continuation of a                    
               proceeding before the United States Tax Court                          
               concerning the debtor.                                                 
          In short, the filing of a bankruptcy petition invokes the                   



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