Eugene W. Alpern - Page 5




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               Because this Court is a court of limited jurisdiction,                 
          petitioner’s fraud argument is misplaced.  The Court lacks                  
          jurisdiction to review or set aside the order of discharge                  
          entered by the bankruptcy court.  Therefore, petitioner’s                   
          contention that the bankruptcy discharge is void because of fraud           
          on the court is not proper subject matter for our decision.                 
               We accordingly reject petitioner’s contention that the                 
          property of the estate is still under the consideration of the              
          bankruptcy court and the order of Discharge of Debtor, dated July           
          18, 1994, has no force and effect.  According to petitioner’s               
          contentions, the automatic stay of Tax Court proceedings under 11           
          U.S.C. section 362(a)(8) was still in effect when he filed the              
          Tax Court petition, his petition is premature, and the Tax Court            
          lacks jurisdiction to determine petitioner’s tax liability for              
          the year in issue.                                                          
               Section 6212(a) expressly authorizes the Commissioner, after           
          determining a deficiency, to send a notice of deficiency to the             
          taxpayer by certified or registered mail.  The taxpayer, in turn,           
          generally has 90 days from the date the notice of deficiency is             
          mailed to file a petition in this Court for a redetermination of            
          the deficiency.  See sec. 6213(a).                                          
               An exception to the normal 90-day filing period arises where           
          the taxpayer has filed a petition for relief under the Bankruptcy           







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