Catherine Beverly - Page 7

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          court within 30 days of the mailing of the notice of                        
          determination.  Sec. 6330(d)(1).5                                           
               There is no dispute in this case that respondent issued to             
          petitioner a final notice of intent to levy after petitioner                
          filed her bankruptcy petition and while the automatic stay                  
          remained in effect.  Under the circumstances, we must evaluate              
          respondent’s position in light of the provisions governing the              
          automatic stay.                                                             
          Title 11 of the United States Code provides uniform                         
          procedures designed to promote the effective rehabilitation of              
          the bankrupt debtor and, when necessary, the equitable                      
          distribution of his or her assets.  See H. Rept. 95-595, at 340             
          (1977).  One key to achieving these aims is the automatic stay              
          which generally operates to temporarily bar actions against or              
          concerning the debtor or property of the debtor or the bankruptcy           
          estate.  See Allison v. Commissioner, 97 T.C. 544, 545 (1991);              
          Halpern v. Commissioner, 96 T.C. 895, 897-898 (1991).                       
               The automatic stay provisions are set forth in 11 U.S.C.               
          section 362(a) (2000), which provides in pertinent part:                    
                    (a) Except as provided in subsection (b) of this                  
               section, a petition filed under section 301, 302, or                   
               303 of this title, * * * operates as a stay, applicable                
               to all entities, of --                                                 

               5  Sec. 6330 is effective with respect to collection actions           
          initiated more than 180 days after July 22, 1998 (Jan. 19, 1999).           
          See Internal Revenue Service Restructuring and Reform Act of                
          1998, Pub. L. 105-206, sec. 3401(d), 112 Stat. 750.                         





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