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Bankruptcy rule 7062 set forth in the authorities cited above.
Based upon the record presented, we hold that the bankruptcy
court's January 21, 1997, order of dismissal terminated the
automatic stay.
We likewise reject respondent's alternative argument that
the automatic stay was reinstated at the same time that the
bankruptcy court granted petitioner's motion for reconsideration
and reinstated petitioner's case. As previously discussed, the
automatic stay is imposed upon the filing of a bankruptcy
petition and generally is terminated when the bankruptcy case is
closed or dismissed or a discharge is granted or denied.
The Court has previously considered whether the automatic
stay was reinstated in circumstances analogous to those presented
in the instant case. In Kieu v. Commissioner, 105 T.C. 387
(1995), the Court held that the automatic stay terminated when
the bankruptcy court entered an order granting summary judgment
that the debtors/taxpayers were not entitled to a discharge of
their debts. The Court further held that the automatic stay was
not reinstated when the bankruptcy court vacated its earlier
order. Similarly, in Allison v. Commissioner, 97 T.C. 544
(1991), the Court held that the automatic stay terminated when
the bankruptcy court granted the debtor/taxpayer a discharge of
indebtedness and that the automatic stay was not reinstated when
the bankruptcy court subsequently reopened the case. See Moody
v. Commissioner, 95 T.C. 655 (1990) (automatic stay terminated
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