David D. Smith - Page 5

                                        - 5 -                                         
          properly invoked the Court’s jurisdiction, and (2) stay any                 
          further proceedings pending the final disposition of petitioner’s           
          bankruptcy case.  Petitioner did not aver that the bankruptcy               
          court had granted relief from the automatic stay, or that the               
          automatic stay otherwise was no longer in effect, on the date the           
          petitions were filed.                                                       
                                     Discussion                                       
               It is well settled that the Court’s jurisdiction in a                  
          collection review case under section 6330 depends upon the                  
          issuance of a valid notice of determination and the filing of a             
          timely petition for review.  See Sarrell v. Commissioner, 117               
          T.C. 122, 125 (2001); Moorhous v. Commissioner, 116 T.C. 263, 269           
          (2001); see also Rule 330(b).                                               
               In a recent case, Prevo v. Commissioner, 123 T.C. 326                  
          (2004), we granted the Commissioner’s motion to dismiss for lack            
          of jurisdiction in a collection review case on the ground the               
          petition for lien or levy action was filed with the Court in                
          violation of the automatic stay imposed under 11 U.S.C. section             
          362(a)(8) (2000).4  In Prevo v. Commissioner, supra, the sequence           
          of relevant events unfolded as follows:  (1) The Commissioner               
          issued to the taxpayer a notice of determination concerning                 



               411 U.S.C. sec. 362(a)(8) (2000) expressly bars “the                   
          commencement or continuation of a proceeding before the United              
          States Tax Court concerning the debtor.”                                    





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011