David D. Smith - Page 13

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          months later, petitioner filed his bankruptcy petition.                     
          Thereafter, respondent issued to petitioner the notices of                  
          determination that led petitioner to attempt to invoke the                  
          Court’s jurisdiction.                                                       
               Against this backdrop, we are satisfied that the issuance of           
          the final notices of intent to levy to petitioner constituted               
          administrative collection actions taken against petitioner                  
          (before the commencement of the bankruptcy case) within the                 
          meaning of 11 U.S.C. section 362(a)(1) (2000).  Consistent with             
          the foregoing, it follows that the issuance to petitioner of the            
          notices of determination constituted the continuation of                    
          administrative collection actions against petitioner (after the             
          commencement of the bankruptcy case) within the meaning of 11               
          U.S.C. section 362(a)(1) (2000).  Our conclusion that the levy              
          notices and notices of determination constituted actions against            
          petitioner (as opposed to an action initiated by petitioner) is             
          bolstered by the nature and purpose of such notices.  We observe            
          that if petitioner had failed to request an administrative                  
          hearing within 30 days of the issuance of the final notices of              
          intent to levy, he would have waived his right to administrative            
          and judicial review of the proposed collection actions under                
          section 6330, and respondent normally would have been free to               
          proceed with the proposed levies.  See Kennedy v. Commissioner,             
          116 T.C. 255, 262 (2001).  Giving due regard to the public                  
          policies underlying the automatic stay provisions, we conclude              




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