Catherine Beverly - Page 12

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          previously issued administrative guidance in the form of a Chief            
          Counsel Advisory (cited above) concluding that the issuance of a            
          final notice of intent to levy to a person with an open                     
          bankruptcy case would violate the automatic stay.  Considering              
          respondent’s administrative guidance on this specific point, we             
          disagree with respondent that petitioner should be estopped.                
          Considering all the circumstances, we decline to apply an                   
          equitable principle to bar consideration of the validity of the             
          final notice of intent to levy.                                             
               We recently noted that collection activity undertaken in               
          violation of the automatic stay generally is considered void or             
          invalid.  See Smith v. Commissioner, 124 T.C. __ (2005) (citing             
          9B Am. Jur. 2d, Bankruptcy, sec. 1756 (1999)).  The U.S. Court of           
          Appeals for the Seventh Circuit, the court to which an appeal in            
          this case would lie, adheres to this view.  See Middle Tenn. News           
          Co. v. Charnel of Cincinnati, Inc., 250 F.3d 1077, 1082 (7th Cir.           
          2001).                                                                      
               In sum, we conclude that the final notice of intent to levy            
          was issued to petitioner in violation of the automatic stay, and            
          therefore, it was invalid.  It follows that respondent abused his           












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