Catherine Beverly - Page 3

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          Commissioner, 85 T.C. 812, 821 (1985); Jacklin v. Commissioner,             
          79 T.C. 340, 344 (1982).                                                    
               Based upon our review of the record, we are satisfied that             
          there is no genuine issue as to any material fact and that                  
          judgment may be rendered as a matter of law.  However, as                   
          discussed in detail below, we conclude that the law does not                
          support respondent’s position.  We hold that the final notice of            
          intent to levy was issued to petitioner in violation of the                 
          automatic stay arising from her case in bankruptcy and therefore            
          is invalid.  Accordingly, we shall deny respondent’s Motion for             
          Summary Judgment, as supplemented, and we shall enter a decision            
          that respondent may not proceed with the proposed collection                
          action.                                                                     
                                     Background2                                      
               On November 2, 2001, petitioner filed a voluntary petition             
          for relief under chapter 13 of the Bankruptcy Code with the U.S.            
          Bankruptcy Court for the Southern District of Illinois.  On                 
          November 26, 2001, respondent issued to petitioner a Final Notice           
          of Intent to Levy and Notice of Your Right to a Hearing Under               
          Section 6330 (final notice of intent to levy) with regard to her            
          unpaid Federal income taxes for 1985 to 1988 and 1994 and 1995.             
          On November 27, 2001, the bankruptcy court issued an order                  


               2  The record establishes and/or the parties do not dispute            
          the following.                                                              





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