John Weller Wood, Jr., and Magdalena Frances Wood - Page 15

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          filing a timely petition with this Court is suspended for the               
          period during which the taxpayer is prohibited by reason of the             
          automatic stay from filing a petition in this Court and for 60              
          days thereafter.  Sec. 6213(f); Olson v. Commissioner, 86 T.C.              
          1314, 1318-1319 (1986).                                                     
               Unless relief from the automatic stay is granted by order of           
          the bankruptcy court, the automatic stay generally remains in               
          effect until the earliest of the closing of the case, dismissal             
          of the case, or the grant or denial of a discharge.7  11 U.S.C.             
          sec. 362(c)(2); Guerra v. Commissioner, 110 T.C. 271, 275 (1998);           
          Allison v. Commissioner, supra at 545; Smith v. Commissioner, 96            
          T.C. 10, 14 (1991); Neilson v. Commissioner, 94 T.C. 1, 8 (1990).           
               Petitioner filed for bankruptcy on April 29, 1994.  The                
          bankruptcy court confirmed the plan of reorganization by order              


               7The period that the automatic stay remains in effect is               
          prescribed in 11 U.S.C. sec. 362(c) as follows:                             
               (c) Except as provided in subsections (d), (e), and (f)                
               of this section--                                                      
               (1) the stay of an act against property of the estate                  
               under subsection (a) of this section continues until                   
               such property is no longer property of the estate; and                 
               (2) the stay of any other act under subsection (a) of                  
               this section continues until the earliest of--                         
               (A) the time the case is closed;                                       
               (B) the time the case is dismissed; or                                 
               (C) if the case is a case under chapter 7 of this title                
               concerning an individual or a case under chapter 9, 11,                
               12, or 13 of this title, the time a discharge is                       
               granted or denied.                                                     




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