David D. Smith - Page 6

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          collection actions; (2) the taxpayer filed a bankruptcy petition;           
          and (3) the taxpayer filed with the Court a petition for lien or            
          levy action.  In granting the Commissioner’s motion to dismiss              
          for lack of jurisdiction, we noted that the taxpayer had fallen             
          victim to a trap for the unwary in that the automatic stay that             
          arose by operation of law upon the filing of her bankruptcy                 
          petition barred her from subsequently filing a petition with the            
          Court.  Moreover, in the absence of a tolling provision in the              
          collection review provisions similar to that contained in section           
          6213(f),5 the taxpayer lost the opportunity to contest the                  
          Commissioner’s notice of determination in this Court.                       
               The facts in the present cases are materially different from           
          those in Prevo v. Commissioner, supra.  As previously described,            
          these cases developed as follows:  (1) Petitioner filed a                   
          bankruptcy petition; (2) the Commissioner issued to petitioner              
          notices of determination concerning collection actions; and (3)             
          petitioner filed with the Court petitions for lien or levy                  
          action.                                                                     


               5Although 11 U.S.C. sec. 362(a)(8) (2000) bars the                     
          commencement or continuation of a proceeding before the Tax                 
          Court, by reason of sec. 6213(f) the period for filing a petition           
          for redetermination of a deficiency with the Tax Court under sec.           
          6213(a) is suspended for the period during which the taxpayer is            
          prohibited by reason of the automatic stay from filing a petition           
          in this Court and for 60 days thereafter.  See Olson v.                     
          Commissioner, 86 T.C. 1314, 1318-1319 (1986), and cases cited               
          therein.                                                                    






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