Clara L. Prevo - Page 2

                                         -2-                                          
                    Held:  The Court lacks jurisdiction in this case                  
               on the ground the petition was filed in violation of                   
               the automatic stay imposed under 11 U.S.C. sec.                        
               362(a)(8).  R’s motion to dismiss for lack of                          
               jurisdiction will be granted.                                          


               Clara L. Prevo, pro se.                                                
          Brianna Basaraba Taylor, for respondent.                                    


                                       OPINION                                        

          GERBER, Chief Judge:  This matter is before the Court on                    
          respondent’s motion to dismiss for lack of jurisdiction.                    
          Respondent’s motion presents an issue of first impression                   
          regarding the application of the automatic stay imposed under 11            
          U.S.C. section 362(a)(8) (2000) in a collection review proceeding           
          brought in this Court pursuant to section 6320.1  As discussed in           
          detail below, we shall grant respondent’s motion to dismiss.                
          Background                                                                  
               On February 23, 2004, respondent issued to petitioner a                
          Notice of Determination Concerning Collection Action(s) for the             
          taxable years 1989, 1990, 1993, 1996, 1998, and 2000.  The notice           
          of determination stated in pertinent part:                                  





          1Unless otherwise indicated, section references are to                      
          sections of the Internal Revenue Code, as amended.                          




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