James and Terri Carskadon - Page 4

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          respondent’s motion for hearing at the Seattle, Washington trial            
          session beginning June 5, 2000.  Defying the Court’s order,                 
          petitioners failed to file an Amended Petition in this case.  On            
          June 5, 2000, when the case was called from the calendar,                   
          respondent’s counsel appeared and was heard.  However,                      
          petitioners did not appear at the proceeding, nor did anyone                
          appear on their behalf.                                                     
               Thereafter, respondent filed the present motion to dismiss             
          on the grounds that the petition fails to allege any justiciable            
          error with respect to respondent’s determinations and fails to              
          allege any facts in support of the alleged errors.  Respondent              
          asks the Court to grant the motion, to enter a decision in favor            
          of respondent, and to require petitioners to pay a penalty to the           
          United States pursuant to section 6673.                                     
               Prior to the Court ruling on respondent’s motion to dismiss,           
          petitioners, on September 8, 2000, filed a petition with the                
          United States Bankruptcy Court.  The filing of a bankruptcy                 
          petition operates as a stay of the commencement or continuation             
          of proceedings in this Court.  See Allison v. Commissioner, 97              
          T.C. 544, 545 (1991).  The stay is lifted upon the earlier of the           
          closing of the case, the dismissal of the case, or upon the                 
          granting or denial of a discharge.  11 U.S.C. sec. 362(c)(2)                
          (2000); see Guerra v. Commissioner, 110 T.C. 271, 275 (1998).               
               On November 17, 2000, this Court ordered that all proceeding           






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