- 12 - 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 toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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