- 9 - filing a petition with the Court on April 18, 1980. McClamma v. Commissioner, supra at 757. The Court further concluded that, following his discharge in bankruptcy, John McClamma failed to file a petition with the Court within the time prescribed in section 6213(f). That Court stated: As to the time John had to file a new petition in this Court, respondent argues that the unexpired portion of the 90-day period provided under section 6213(a) is added to the 60 days provided by section 6213(f). Since the 90-day period was stayed by the filing of a bankruptcy petition after having run 17 days, 73 days plus the 60 days allowed after the automatic stay was lifted yields 133 days. We agree with respondent that John had until January 30, 1981 (133 days from the date of discharge in bankruptcy, Sept. 19, 1980), to file a new petition in this Court to contest his Federal income tax liability for 1977. [Fn. refs. omitted.] Id. at 757-758; see Ash v. Commissioner, T.C. Memo. 1989-367. The parties in the instant case disagree whether the petition was timely filed with respect to the notices of deficiency for the taxable years 1989, 1990, and 1991. Respondent contends that, by virtue of petitioner's bankruptcy filings (and the resulting suspensions of the running of the 90- day period for filing a timely petition with the Court pursuant to section 6213(f)), the time for filing a timely petition with the Court expired on June 23, 1997. Petitioner counters that his petition was timely filed on the ground that section 6213(f) served to extend the period for filing a petition to September 4, 1997--150 days after the date that the bankruptcy court enteredPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011