Judith K. Guerra, a.k.a. Judith Harvey - Page 13

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               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.                  











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