- 13 - the reasoning in Allison v. Commissioner, supra. Simply stated, where a bankruptcy court has taken action that serves to terminate the automatic stay under 11 U.S.C. sec. 362(c)(2), the automatic stay remains terminated absent an express indication from the bankruptcy court to the contrary. Certainly, if a bankruptcy court intends to exercise its jurisdiction to resolve the issues surrounding petitioners' tax liability, that court has the means to bring about a stay of the proceedings in this Court. See Allison v. Commissioner, supra at 547 (referring to 11 U.S.C. sec. 105 (1994), which permits the bankruptcy court to issue any order necessary to carry out title 11). In accordance with the foregoing, we hold that the automatic stay was terminated as of January 21, 1997, the date that the bankruptcy court issued its order dismissing petitioner's case. Further, we hold that the automatic stay was not revived when the bankruptcy court reinstated petitioner's case on February 12, 1997. Because the automatic stay was not in effect on the date that petitioner filed her petition for redetermination with the Court, we conclude that petitioner properly invoked the Court's jurisdiction, and we will deny respondent's Motion to Dismiss for Lack of Jurisdiction. To reflect the foregoing, An order denying respondent's Motion to Dismiss for Lack of Jurisdiction will be issued.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13
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