- 3 - (1988)) to permit the filing of a petition for readjustment with this Court. The order states in pertinent part as follows: The Court considered the Motion for Order for Release of Stay to File Tax Court Petition filed by Walter J. Hoyt III in connection with the Motion to Limit Trustee's Duties or, in the alternative, for Instructions Regarding IRS Notice. Based upon the record herein and the Court being otherwise duly advised, it is, to the extent an order is necessary, the Motion for an Order to Release of Stay to File Tax Court Petition [sic], filed by Walter J. Hoyt III, be and hereby is granted. On July 21, 1997, petitioner filed a petition for readjustment with the Court contesting the FPAA's described above. At the time that the petition was filed, the partnership maintained its principal place of business at Burns, Oregon. Respondent subsequently filed a Motion to Dismiss for Lack of Jurisdiction on the ground that the petition for readjustment was not timely filed. Petitioner filed an objection to respondent's motion asserting that the petition for readjustment was timely filed within the period prescribed in section 6213(f) following the issuance of the bankruptcy court's order lifting the automatic stay. In response to petitioner's objection, respondent maintains that the petition is untimely with respect to the FPAA for 1992, despite the partnership's bankruptcy case, on the ground that the automatic stay did not serve as a bar to filing of a petition for readjustment for that year. On the other hand, respondent now concedes that the petition for readjustment is timely with respect to the FPAA for 1993 becausePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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