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