Gregory Drake - Page 14

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          case Appeals Officer Kaplan, who was subsequently assigned to the           
          section 6330 hearing of Barbara Drake and petitioner.  On January           
          29, 2004, respondent’s Appeals Office sent Barbara Drake a Final            
          Notice of Determination Concerning Your Request for Relief from             
          Joint and Several Liability under Section 6015 (the section 6015            
          determination), denying the requested relief.  Barbara Drake                
          subsequently filed with this Court a Petition for Relief from               
          Joint and Several Liability (the section 6015 petition),                    
          challenging the section 6015 determination.  Drake v.                       
          Commissioner, 123 T.C. 320, 321-322 (2004).                                 
               At the time that Barbara Drake filed the section 6015                  
          petition, the 2003 bankruptcy had been neither closed nor                   
          dismissed.  Id. at 322.  Furthermore, the bankruptcy court had              
          neither granted nor denied Barbara Drake a discharge.  Id.                  
          Consequently, we granted respondent’s motion to dismiss Barbara             
          Drake’s section 6015 case on the ground that she filed the                  
          section 6015 petition in violation of the automatic stay imposed            
          under 11 U.S.C. sec. 362(a)(8)(2000).  Id. at 325.                          
          VII. The 2003 Bankruptcy                                                    
               The aforementioned 2003 bankruptcy commenced with the filing           
          of Barbara Drake’s chapter 13 petition on September 30, 2003.               
          See 11 U.S.C. sec. 301(a)(2000).  Schedule D of Barbara Drake’s             
          bankruptcy petition listed, inter alia, a secured lien of the               







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