Judith K. Guerra, a.k.a. Judith Harvey - Page 6

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          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;                                                          



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