Randal W. Howard - Page 10

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          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);           




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