People Place Auto Hand Carwash, LLC - Page 9

                                        - 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