Catherine Beverly - Page 5

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          compromise-–the sole issue that petitioner purportedly raised               
          during the administrative proceedings-–because petitioner was not           
          current in filing her tax returns at that time.                             
               Respondent’s motion was called for hearing at the Court’s              
          motions session held in Washington, D.C.  During the hearing,               
          counsel for respondent informed the Court that respondent had               
          recently discovered that the final notice of intent to levy was             
          issued to petitioner while petitioner’s first bankruptcy case               
          remained open.  The Court subsequently directed respondent to               
          file a supplement to his motion addressing the question whether             
          the final notice of intent to levy was issued to petitioner in              
          violation of the automatic stay imposed under 11 U.S.C. section             
          362(a)(2000).  Respondent filed a supplement, as directed, and              
          the matter was called for further hearing at the Court’s motions            
          session.  Respondent maintains that while the issuance of the               
          final notice of intent to levy may have violated the automatic              
          stay, petitioner should nevertheless be estopped from arguing               
          that the final notice of intent to levy was issued in violation             
          of the automatic stay because she failed to inform respondent               
          during the administrative proceedings that she had filed a                  
          bankruptcy petition.4                                                       

               4  Upon questioning by the Court, respondent was hesitant to           
          acknowledge that the final notice of intent to levy violated the            
          automatic stay.  In a footnote to his supplement to the motion              
          for summary judgment, respondent states that “it is not clear               
                                                             (continued...)           





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