- 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
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