- 4 - 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 proceedingPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011