Judith K. Guerra, a.k.a. Judith Harvey - Page 12

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          upon bankruptcy court's confirmation of a chapter 11 plan and               
          automatic stay was not reinstated despite the bankruptcy court's            
          decision to retain jurisdiction over the case).                             
               Respondent argues that the above-referenced cases, and                 
          particularly Kieu v. Commissioner, supra, can be factually                  
          distinguished from the present case insofar as petitioner's                 
          bankruptcy case was reinstated before petitioner filed her                  
          petition for redetermination with the Court.  Respondent relies             
          on In re Diviney, 211 Bankr. 951 (Bankr. N.D. Okla. 1997), for              
          the proposition that the bankruptcy court's reinstatement of                
          petitioners' bankruptcy case caused the automatic stay to be                
          reinstated.                                                                 
               Although we agree that In re Diviney, supra, stands for the            
          proposition cited by respondent, we are not persuaded that we are           
          obliged to find that the automatic stay was reinstated in this              
          case.  To the contrary, we adhere to Allison v. Commissioner,               
          supra at 546-547, and specifically Kieu v. Commissioner, supra at           
          395, in which we held:                                                      
               While an argument might be made that the                               
               bankruptcy court's intent to reinstate the automatic                   
               stay in the present case may be inferred from the fact                 
               that the bankruptcy court vacated its order [granting                  
               the creditors' motion for summary judgment], we decline                
               to decide the issue presented in this case on such an                  
               assumption.  We are mindful that the automatic stay                    
               respecting the commencement or continuation of                         
               proceedings in this Court was adopted in part to avert                 
               duplicative and inconsistent litigation over tax                       
               issues.  Halpern v. Commissioner, 96 T.C. 895, 902                     
               (1991).  Given the consequences, however, that follow                  
               from a determination respecting the status of the                      
               automatic stay, the soundest approach is to adhere to                  



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