- 2 - 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.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011