- 9 -
Gas Co. v. Commissioner, 95 T.C. 51 (1990), affd. without
published opinion 995 F.2d 235 (9th Cir. 1993);8 cf. Third
Dividend/Dardanos Associates v. Commissioner, 88 F.3d 821, 823
(9th Cir. 1996), revg. T.C. Memo. 1994-412; Chef’s Choice
Produce, Ltd. v. Commissioner, 95 T.C. 388 (1990); Madison
Recycling Association v. IRS, 87 AFTR 2d 1583, 2001-1 USTC par.
50,361 (E.D. Ky. 2001), affd. 45 Fed. Appx. 497 (6th Cir. 2002);
Durham Farms v. United States (In re W.J. Hoyt Sons Mgmt. Co.),
84 AFTR 2d 7152, 99-2 USTC par. 51,010 (Bankr. D. Or. 1999). We
note that this construction is also consistent with the recently
amended language of 11 U.S.C. sec. 362(a)(8), which, as
previously noted, refers to a Tax Court proceeding “concerning
8 In 1983 W. Reserve Oil & Gas Co. v. Commissioner, 95 T.C.
51 (1990), affd. without published opinion 995 F.2d 235 (9th Cir.
1993), the question was whether the automatic stay provision of
11 U.S.C. sec. 362(a)(8) applied to a partnership action
commenced in the Tax Court pursuant to Rule 241 after the
partnerships had filed petitions in bankruptcy. Id. This Court
held that the automatic stay did not apply, reasoning that
because partnerships are not subject to Federal income tax,
ultimately the partnership action affected only the income tax
liability of the individual partners and so “concerned” only the
partners and not the partnership. The Court stated:
To argue that the partnership proceeding requires the
Tax Court to make determinations with respect to the
items of income, gain, loss, or credit of the
partnership, rather than the individual partners, and
that a partnership proceeding involving a bankrupt
partnership thus “concerns” the partnership, not the
partners, is to exalt form over substance. [Id. at
57.]
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011