John Weller Wood, Jr., and Magdalena Frances Wood - Page 14

                                       - 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 for               





Page:  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