Jerome Griggs Beery - Page 6




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          Respondent later assessed the deficiencies and penalties against            
          him.3                                                                       
               At the hearing on the motion to dismiss, with respect to his           
          1989, 1990, and 1991 tax years, which were decided in docket No.            
          26995-93, petitioner argued that the decision entered in that               
          case was invalid because this Court was required to take further            
          action when the U.S. District Court issued its order lifting the            
          bankruptcy stay.  Petitioner bases that argument on the wording             
          of the U.S. District Court's order that required the Tax Court              
          "to take all steps necessary to enter a decision in Docket No.              
          26995-93 and conclude its case" against petitioner.  Petitioner             
          argues that, because this Court took no further action in this              
          case, the decision is invalid.  The Court rejects that argument.            
          Petitioner further argues that, had his case been reopened, he              
          intended to file pleadings with the Court to allow him the                  
          benefit of carryforward of net operating losses he had sustained            
          in 1975, which remained after his bankruptcy estate filed its               
          income tax return for the last year he was in bankruptcy.  The              
          Court also rejects that argument because, in Beery v.                       
          Commissioner, T.C. Memo. 1996-464 involving petitioner's 1989,              

               3    Under sec. 6213(f), the period for filing a petition in           
          this Court was suspended during the pendency of the bankruptcy              
          proceeding and for 60 days after the bankruptcy proceeding was              
          concluded.  Since petitioner was discharged in his bankruptcy on            
          Dec. 17, 1997, he was allowed 60 days from that date to file a              
          petition in this Court to challenge his 1992, 1993, and 1994 tax            
          deficiencies, which he failed to do.                                        




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