Catherine Beverly - Page 10

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          barred respondent from issuing to petitioner the final notice of            
          intent to levy dated November 26, 2001.6                                    
               Our holding that the issuance to petitioner of the final               
          notice of intent to levy violated the automatic stay is                     
          consistent with both bankruptcy case law and respondent’s                   
          administrative guidance.  See In re Parker, 279 Bankr. 596,                 
          602-603 (Bankr. S.D. Ala. 2002) (The Commissioner conceded, and             
          the bankruptcy court held, that the issuance of a final notice of           
          intent to levy under section 6330 violated the automatic stay.);            
          In re Covington, 256 Bankr. 463, 465-466 (Bankr. D.S.C. 2000)               
          (The bankruptcy court held that a final notice of intent to levy            
          did not constitute a notice and demand for payment within the               
          meaning of 11 U.S.C. section 362(b)(9)(D)) and that such notice             
          was issued to the debtor in violation of the stay); see also                
          Chief Counsel Adv. 00-18-005 (May 5, 2000) (A Final Notice of               
          Intent to Levy issued to a person who had filed a bankruptcy                
          petition violated the automatic stay and was void).                         
               At this point, a brief comment regarding the Court’s                   
          jurisdiction is warranted.  We recently held in Smith v.                    
          Commissioner, 124 T.C. __, that a notice of determination under             
          section 6330 issued to a taxpayer/debtor while the automatic stay           
          was in effect was invalid, and we dismissed the case for lack of            

               6  Respondent does not contend that the final notice of                
          intent to levy qualified under any of the exceptions to the                 
          automatic stay prescribed in 11 U.S.C. sec. 362(b)(2000).                   





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