David E. and Susana V. Judd - Page 7

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         1995 and 1985 tax years reflect that the application of the funds            
         from petitioners’ 1995 account to their outstanding 1985 tax                 
         liability occurred on January 15, 1996.  Petitioners did not file            
         their bankruptcy petition until October 15, 1996.  Therefore, the            
         Court concludes that there could not have been a violation of any            
         bankruptcy order prior to the filing of a bankruptcy petition.               
              In any event, if the IRS has violated an order of the                   
         bankruptcy court, it has not been definitively established that              
         the authority of this Court extends to such questions and, if so,            
         the appropriate remedy for such violation.2  Even if we had the              
         authority, this Court might still defer to the bankruptcy court              
         based on comity and judicial efficiency, as well as our                      
         recognition that this Court does not deal with bankruptcy matters            
         and does not have the expertise that the bankruptcy court would.             
         Meadows v. Commissioner, 95 AFTR 2d 2005-1785, 2005-1 USTC par.              
         50274 (11th Cir. 2005) (citing Washington v. Commissioner, 120               
         T.C. 114, 125 (2003) (Wells, J., concurring)).                               


               2We note that actions against creditors for violations of              
          automatic stays are to be brought in the bankruptcy court.  See             
          11 U.S.C. sec. 362(h) (2000); see also Meadows v. Commissioner,             
          95 AFTR 2d 2005-1785, 2005-1 USTC par. 50274 (11th Cir. 2005)               
          (citing Langlois v. United States, 155 Bankr. 818 (N.D.N.Y.                 
          1993)) (sitting in bankruptcy jurisdiction and holding that the             
          IRS’s application of a collected amount to penalties that were to           
          be discharged in bankruptcy was a violation of the automatic                
          stay).  Thus, it is clear that the bankruptcy court is more                 
          knowledgeable than the Tax Court about the scope and effect of              
          the automatic stay and about appropriate remedies.                          





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