Barbara Drake - Page 1

                                   123 T.C. No. 20                                    


                               UNITED STATES TAX COURT                                


                            BARBARA DRAKE, Petitioner v.                              
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      


          Docket No. 4126-04.             Filed December 14, 2004.                    


               On Sept. 30, 2003, P filed a bankruptcy petition                       
               under ch. 13 of the Bankruptcy Code.  On Jan. 29, 2004,                
               R issued to P a notice of determination disallowing her                
               claims for relief from joint and several liability                     
               under sec. 6015, I.R.C., for the taxable years 1991,                   
               1992, 1994, 1995, and 1997.  On Mar. 8, 2004, P filed a                
               petition with the Court challenging R’s notice of                      
               determination.  R filed a motion to dismiss for lack of                
               jurisdiction in this case on the ground that the                       
               petition was filed in violation of the automatic stay                  
               imposed under 11 U.S.C. sec. 362(a)(8) (2000).                         












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