David D. Smith - Page 7

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               Like the taxpayer in Prevo v. Commissioner, supra,                     
          petitioner filed his petitions for lien or levy action with the             
          Court after filing his bankruptcy petition and while the                    
          automatic stay imposed under 11 U.S.C. section 362(a)(8) (2000)             
          remained in effect.  The fact that respondent issued the notices            
          of determination in question after petitioner filed his                     
          bankruptcy petition presents a ground for dismissal that was not            
          available in Prevo v. Commissioner, supra.  Specifically, the               
          question arises whether respondent was barred by the automatic              
          stay from issuing the notices of determination to petitioner in             
          the first instance.  If so, it would follow that these cases                
          should be dismissed on the ground that the notices of                       
          determination were void or invalid.                                         
               The Court can, sua sponte, question its jurisdiction at any            
          time.  Raymond v. Commissioner, 119 T.C. 191, 193 (2002); Neely             
          v. Commissioner, 115 T.C. 287, 290 (2000); Romann v.                        
          Commissioner, 111 T.C. 273, 280 (1998).  Where the application of           
          the automatic stay may act as an impediment to the Court’s                  
          jurisdiction in a collection review proceeding, it is incumbent             
          on the Court to determine the proper ground for dismissal.  Cf.,            
          e.g., Pietanza v. Commissioner, 92 T.C. 729, 735-736 (1989)                 
          (holding that, where appropriate, the Court will dismiss on the             
          ground that the Commissioner failed to issue a valid notice of              
          deficiency rather than for lack of a timely filed petition),                






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