Catherine Beverly - Page 11

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          jurisdiction on that ground.  The facts in the present case are             
          distinguishable from those in Smith v. Commissioner, 124 T.C. __.           
          Specifically, the notice of determination upon which this case is           
          based was issued to petitioner well after the automatic stay was            
          terminated.  Because the petition was timely filed in response to           
          a notice of determination that is valid on its face, we conclude            
          that petitioner properly invoked our jurisdiction under section             
          6330.  See Sarrell v. Commissioner, 117 T.C. 122, 125 (2001);               
          Moorhous v. Commissioner, 116 T.C. 263, 269 (2001); Offiler v.              
          Commissioner, 114 T.C. 492, 498 (2000); see also Rule 330(b).               
          Respondent maintains that petitioner should be estopped from                
          asserting that the final notice of intent to levy violated the              
          automatic stay because she failed to inform respondent during the           
          administrative proceedings that she had filed a bankruptcy                  
          petition.  Respondent cites Matthews v. Rosene, 739 F.2d 249 (7th           
          Cir. 1984), for the proposition that a debtor may be barred by              
          the equitable doctrine of laches from challenging an action that            
          arguably violated the automatic stay.                                       
               We are not persuaded by respondent’s argument.  The record             
          suggests that petitioner was acting pro se throughout the                   
          administrative proceedings.  Without more, we presume that                  
          petitioner acted in good faith and that she was unaware that                
          respondent’s issuance of the final notice of intent to levy                 
          violated the automatic stay.  Respondent, on the other hand, had            






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