- 14 - the Bankruptcy Code by conducting a tax audit and issuing the notices of deficiency. Section 362(a) of the Bankruptcy Code provides in pertinent part: (a) Except as provided in subsection (b) of this section, a petition filed under section 301, 302, or 303 of this title, * * * operates as a stay, applicable to all entities, of– * * * * * * * (4) any act to create, perfect, or enforce any lien against property of the estate; (5) any act to create, perfect, or enforce against property of the debtor any lien to the extent that such lien secures a claim that arose before the commencement of the case under this title; (6) any act to collect, assess, or recover a claim against the debtor that arose before the commencement of the case under this title; * * * * * * * (8) the commencement or continuation of a proceeding before the United States Tax Court concerning the debtor. [11 U.S.C. sec. 362(a).] A chapter 11 filing, however, does not operate as a stay of either an audit by a governmental unit to determine tax liability or the issuance to the debtor by a governmental unit of a notice of tax deficiency. 11 U.S.C. sec. 362(b)(9)(A) and (B). Thus, during the stay, the IRS may conduct an audit and issue a notice of deficiency to the debtor. If the IRS issues a notice of deficiency to a taxpayer who has filed a bankruptcy petition, the normal 90-day period forPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011