- 10 - its discharge order in his chapter 7 bankruptcy case. We agree with respondent. A review of the relevant dates is as follows: June 14, 1991------Chapter 13 bankruptcy petition February 21, 1992--Notice of deficiency for 1989 June 23, 1993------Notice of deficiency for 1990, 1991 July 24, 1996------Chapter 13 bankruptcy dismissed December 6, 1996---Chapter 7 bankruptcy petition (135 days from July 24, 1996) April 7, 1997------Order of discharge of Chapter 7 August 22, 1997----Notice of deficiency for 1994, 1995 September 8, 1997--Petition filed for 1989-1991 and 1993 On June 14, 1991, petitioner filed a bankruptcy petition under chapter 13 of the Bankruptcy Code. On February 21, 1992, respondent issued a notice of deficiency to petitioner for the taxable year 1989. On June 23, 1993, respondent issued a notice of deficiency to petitioner for the taxable years 1990 and 1991. Because petitioner's bankruptcy petition under chapter 13 was pending on the dates that the notices of deficiency for 1989, 1990, and 1991 were issued, it follows that petitioner was barred from filing a petition for redetermination with the Court by virtue of the automatic stay imposed under 11 U.S.C. section 362(a)(8). Further, pursuant to section 6213(f), the 90-day statutory period for filing a timely petition with the Court was suspended while the automatic stay remained in effect and for 60 days thereafter. On July 24, 1996, the bankruptcy court dismissed petitioner's bankruptcy petition under chapter 13, thereby terminating the automatic stay. See 11 U.S.C. sec. 362(c)(2)(B);Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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