- 6 - automatic stay which precludes the commencement or continuation of proceedings in this Court. Kieu v. Commissioner, 105 T.C. 387, 391 (1995); Allison v. Commissioner, 97 T.C. 544, 545 (1991). Although respondent is free to issue a notice of deficiency to a taxpayer that has filed a bankruptcy petition, see 11 U.S.C. sec. 362(b)(9) (1994),4 the normal 90-day period for filing a timely petition with this Court is suspended for the period during which the taxpayer is prohibited by reason of the automatic stay from filing a petition in this Court and for 60 days thereafter, sec. 6213(f); Olson v. Commissioner, 86 T.C. 1314, 1318-1319 (1986), and cases cited therein. The period that the automatic stay remains in effect is prescribed in 11 U.S.C. sec. 362(c) (1994) as follows: (c) Except as provided in subsections (d), (e), and (f) of this section-- (1) the stay of an act against property of the estate under subsection (a) of this section continues until such property is no longer property of the estate; and 4 11 U.S.C. sec. 362(b)(9) (1994) provides in pertinent part: (b) The filing of a petition under section 301, 302, or 303 of this title, * * * does not operate as a stay-- (9) under subsection (a),-- * * * * * * * (B) of the issuance to the debtor by a governmental unit of a notice of tax deficiency;Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011