Barbara Drake - Page 9

                                        - 9 -                                         
          period during which the person is prohibited by reason of the               
          automatic stay from filing such a petition.  Nor is there any               
          cross-reference in section 6015 to the procedures set forth in              
          section 6213.3  On the other hand, if the taxpayer raises a                 
          section 6015 claim as an affirmative defense in a petition for              
          redetermination invoking the Court’s deficiency jurisdiction                
          under section 6213(a), the taxpayer would be able to take                   
          advantage of the benefits of section 6213(f).                               
               Analysis                                                               
               Consistent with the plain language of 11 U.S.C. section                
          362(a)(8), which expressly bars “the commencement or continuation           
          of a proceeding before the United States Tax Court  concerning              
          the debtor”, we conclude that the petition for determination of             
          relief from joint and several liability in this case was filed in           
          violation of the automatic stay, and, therefore, we lack                    
          jurisdiction.  In short, there is no exception to the automatic             
          stay under 11 U.S.C. section 362(b) that permits the filing of a            
          petition for determination of relief from joint and several                 
          liability, nor is there any suggestion in the record that the               
          bankruptcy court granted petitioner relief from the automatic               


          3In contrast, when Congress drafted sec. 6404(g) (now sec.                  
          6404(h)) for the purpose of expanding the Court’s jurisdiction to           
          review requests for abatement of interest, the provision included           
          special rules expressly referring to sec. 6213.  To the same                
          effect, sec. 7436(d), involving determinations of employment                
          status, includes a cross-reference to sec. 6213(f).                         




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011