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tried, an opinion was issued, Beery v. Commissioner, T.C. Memo.
1996-464, and a decision was entered on April 24, 1997.
Petitioners thereafter filed a motion to vacate the decision to
enable them to claim the carryforward of a net operating loss
sustained in 1976. The Court considered that claim as a new
issue, which was not brought up at trial and, accordingly, denied
the motion to vacate. Petitioner and his spouse also filed a
petition with this Court, at docket No. 8802-96, challenging the
notice of deficiency relating to their 1992, 1993, and 1994 tax
years. The disposition of that case is noted later.
On February 25, 1994, while docket No. 26995-93 was pending
before this Court, petitioner filed for bankruptcy in the U.S.
Bankruptcy Court for the State of New Mexico. On December 17,
1997, petitioner received a discharge in bankruptcy under chapter
7 of the Bankruptcy Code. The pending bankruptcy proceeding was
never called to this Court's attention until after the decision
was entered in docket No. 26995-93 (relating to petitioner's
1989, 1990, and 1991 tax years). Because of the automatic stay
provisions of the Bankruptcy Code, which affected docket No.
26995-93, and because this Court had never formally stayed the
proceedings, respondent proceeded in the Bankruptcy Court and
attained an order, which was not opposed by petitioner and was
affirmed by the U.S. District Court for the District of New
Mexico, which retroactively lifted the stay applicable to this
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