Clyde D. and Yolanda Adkins - Page 2

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          Respondent’s motion for leave asserts that the stipulated                   
          decision is void because it was entered in violation of the                 
          automatic stay (automatic stay) of 11 U.S.C. section 362(a)                 
          (2000).  Respondent has lodged with the Court his related motion            
          to vacate the stipulated decision (respondent’s motion to                   
          vacate).                                                                    
               We decide first whether we have jurisdiction to decide                 
          respondent’s motion for leave.  We hold we do.  We decide second            
          whether we should grant respondent’s motion for leave.  We hold             
          we shall.  We decide third whether we should grant respondent’s             
          motion to vacate.  We hold we shall.  We decide fourth, sua                 
          sponte, whether we should dismiss this case for lack of                     
          jurisdiction in that petitioners’ petition to this Court was                
          filed in violation of the automatic stay.  We hold we shall.                
                                     Background                                       
               On April 9, 2004, respondent issued to petitioners a notice            
          of deficiency determining a $2,107 deficiency in their 2001                 
          Federal income tax.  On the same day, respondent issued to                  
          petitioners a second notice of deficiency determining a $2,557              
          deficiency in their 2002 Federal income tax.  On May 20, 2004,              
          petitioners filed a petition for relief under chapter 13 of the             
          Bankruptcy Code with the U.S. Bankruptcy Court for the Southern             

               1(...continued)                                                        
          applicable versions of the Internal Revenue Code, and Rule                  
          references are to the Tax Court Rules of Practice and Procedure.            





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