David D. Smith - Page 12

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          during which the person is prohibited by reason of the automatic            
          stay from filing a petition.6                                               
          Analysis                                                                    
               The automatic stay under 11 U.S.C. section 362(a)(1) (2000)            
          bars “the commencement or continuation, including the issuance or           
          employment of process, of a judicial, administrative, or other              
          action or proceeding against the debtor that was or could have              
          been commenced before the commencement of the case under this               
          title”.  In addition, 11 U.S.C. section 362(a)(6) bars any act to           
          collect, assess, or recover a claim against the debtor that arose           
          before the commencement of the bankruptcy case.                             
               We evaluate the applicability of the automatic stay                    
          provisions against the parties’ specific actions in these cases.            
          Although the record does not include transcripts of petitioner’s            
          account for the years in question, we assume that respondent                
          entered assessments against petitioner and issued to petitioner             
          notices and demand for payment of such assessments.  When no                
          payments were forthcoming, respondent issued to petitioner                  
          Notices of Intent to Levy and Notice of Your Right to a Hearing             
          under section 6330.  Such notices prompted petitioner to submit             
          to respondent requests for a section 6330 hearing.  Several                 


               6Sec. 6330 is effective with respect to collection actions             
          initiated more than 180 days after July 22, 1998 (Jan. 19, 1999).           
          See Internal Revenue Service Restructuring and Reform Act of                
          1998, Pub. L. 105-206, sec. 3401(d), 112 Stat. 750.                         





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