- 13 - Arivada was a sham and that it lacked economic substance, and therefore that the amounts paid to Arivada of $62,989 for 1993 and $78,772 for 1994 are taxable income to petitioner. II. OPINION A. Procedural Issues 1. Whether Petitioner Was Denied an Opportunity To Conduct Discovery Petitioner contends that he did not have enough time to conduct discovery because the case was being considered by the IRS Appeals Office until 20 days before the session for which the case was set for trial. We disagree. The fact that petitioner’s case was being considered by Appeals did not limit his ability to seek discovery. Rule 70(a)(2). 2. Whether We Have Jurisdiction After the Bankruptcy Court Lifted the Automatic Stay On the first day of the session of this Court at which this case was calendared for trial, petitioner filed a petition for relief under chapter 13 of the Bankruptcy Code with the United States Bankruptcy Court for the District of Arizona. Once a taxpayer files a petition in bankruptcy, the automatic stay of 11 U.S.C. section 362(a)(8) (1994) bars the commencement or continuation of proceedings against the debtor in the Tax Court. The bankruptcy court may lift the automatic stay of 11 U.S.C. section 362(a)(8) (1994). See 11 U.S.C. sec. 362(d), (e), and (f) (1994). The next day, respondent filed a motion to lift thePage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011