David D. Smith - Page 10

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                    (9) under subsection (a), of--                                    
                                                                                     
                    (A) an audit by a governmental unit to                            
                    determine tax liability;                                          
                    (B) the issuance to the debtor by a                               
                    governmental unit of a notice of tax                              
                    deficiency;                                                       
                    (C) a demand for tax returns; or                                  
                    (D) the making of an assessment for any tax                       
                    and issuance of a notice and demand for                           
                    payment of such an assessment * * *.                              
               The bankruptcy court may issue an order granting relief from           
          the automatic stay.  11 U.S.C. sec. 362(d) (2000).  Absent such             
          an order, the automatic stay generally remains in effect until              
          the earliest of the closing of the case, dismissal of the case,             
          or the grant or denial of a discharge.  11 U.S.C. sec. 362(c)(2)            
          (2000); see Allison v. Commissioner, supra at 545; Smith v.                 
          Commissioner, 96 T.C. 10, 14 (1991); Neilson v. Commissioner, 94            
          T.C. 1, 8 (1990).                                                           
          Collection Review Procedures                                                
               Section 6331(a) provides that if any person liable to pay              
          any tax neglects or refuses to pay such tax within 10 days after            
          notice and demand for payment, then the Secretary is authorized             
          to collect such tax by levy upon the person’s property.  Section            
          6331(d) provides that, at least 30 days prior to enforcing                  
          collection by way of a levy on the person's property, the                   
          Secretary shall provide the person with a final notice of intent            
          to levy, including notice of the administrative appeals available           
          to the person.                                                              






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