Clara L. Prevo - Page 5

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          Before proceeding with our analysis, we briefly review both the             
          automatic stay provisions and the collection review procedures.             
          The Automatic Stay                                                          
          Title 11 of the United States Code provides uniform                         
          procedures designed to promote the effective rehabilitation of              
          the bankrupt debtor and, when necessary, the equitable                      
          distribution of the debtor’s assets.  See H. Rept. 95-595, at 340           
          (1977).  One key to achieving these aims is the automatic stay,             
          which generally operates to temporarily bar actions against or              
          concerning the debtor or property of the debtor or the bankruptcy           
          estate.  See Allison v. Commissioner, 97 T.C. 544, 545 (1991);              
          Halpern v. Commissioner, 96 T.C. 895, 897 (1991).                           
               The automatic stay provisions are set forth in 11 U.S.C.               
          section 362(a).  Significantly, 11 U.S.C. section 362(a)(8)                 
          expressly bars “the commencement or continuation of a proceeding            
          before the United States Tax Court concerning the debtor.”                  
          Unless relief from the automatic stay is granted by order of the            
          bankruptcy court, see 11 U.S.C. sec. 362(d), the automatic stay             
          generally remains in effect until the earliest of the closing of            
          the case, the dismissal of the case, or the grant or denial of a            
          discharge, 11 U.S.C. sec. 362(c)(2); see Allison v. Commissioner,           
          supra at 545; Smith v. Commissioner, 96 T.C. 10, 14 (1991).                 
               It is worth noting that the Commissioner is authorized,                
          pursuant to the exception to the automatic stay set forth in 11             






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