Jerome Griggs Beery - Page 5




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          Court and validated the decision this Court had entered in docket           
          No. 26995-93.  The pertinent provisions of that order stated:               

                    IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the            
               automatic stay imposed under 11 U.S.C. �362 is retroactively           
               modified in favor of the United States of America (IRS) to             
               permit the United States Tax Court to take all steps                   
               necessary to enter a Decision in Docket No. 26995-93 and               
               conclude its case and to permit the IRS to assess the                  
               debtor's additional tax liabilities for the years 1989, 1990           
               and 1991.                                                              

          Since this Court had previously entered the decision in docket              
          No. 26995-93, no further action was taken by this Court in                  
          connection with that case, nor did either respondent or                     
          petitioner institute any action with respect to the decision.  In           
          due course, petitioner was assessed by respondent.                          
               With respect to the other petition filed by petitioner and             
          his spouse in this Court relating to the 1992, 1993, and 1994 tax           
          years, docket No. 8802-96, the petition in that case was filed              
          while petitioner's bankruptcy case was pending.  Respondent filed           
          with this Court a motion to dismiss for lack of jurisdiction as             
          to petitioner Jerome G. Beery and to change caption on the ground           
          that petitioner was precluded from commencing an action in this             
          Court due to his pending bankruptcy proceeding.  That motion was            
          granted, and petitioner was dismissed from docket No. 8802-96               
          (which included his 1994 tax year).  After the bankruptcy case              
          was concluded and he was discharged, petitioner did not petition            
          this Court with respect to his 1992, 1993, and 1994 tax years.              




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