David D. Smith - Page 8

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          affd. without published opinion 935 F.2d 1282 (3d Cir. 1991).               
          The Pietanza principle is particularly compelling in the present            
          cases inasmuch as the Court is confronted with two alternative              
          grounds for dismissal, one of which will have the effect of                 
          denying petitioner the opportunity to obtain judicial review of             
          respondent’s notices of determination in this Court.  See Prevo             
          v. Commissioner, supra.                                                     
               Before proceeding with our analysis, we first review the               
          pertinent portions of the automatic stay provisions set forth in            
          11 U.S.C. section 362 (2000) and the collection review procedures           
          established under sections 6320 and 6330.                                   
          The Automatic Stay                                                          
          Title 11 of the United States Code provides uniform                         
          procedures designed to promote the effective rehabilitation of              
          the bankrupt debtor and, when necessary, the equitable                      
          distribution of his or her assets.  See H. Rept. 95-595, at 340             
          (1977).  One key to achieving these aims is the automatic stay,             
          which generally operates to temporarily bar actions against or              
          concerning the debtor or property of the debtor or the bankruptcy           
          estate.  See Allison v. Commissioner, 97 T.C. 544, 545 (1991);              
          Halpern v. Commissioner, 96 T.C. 895, 897-898 (1991).                       
               The automatic stay provisions are set forth in 11 U.S.C.               
          section 362(a) (2000), which provides in pertinent part:                    
               (a) Except as provided in subsection (b) of this                       
               section, a petition filed under section 301, 302, or                   





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