Lisa Susan Kovitch, Petitioner, and Richard P. Kovitch, Intervenor - Page 2




                                        - 2 -                                         
                    Held:  The automatic stay imposed by 11 U.S.C.                    
               sec. 362(a)(8) applies only to Tax Court proceedings                   
               that affect the tax liability of the debtor.  Whether P                
               is entitled to sec. 6015, I.R.C., spousal relief will                  
               not affect I’s joint tax liability because I will                      
               remain liable for the 2002 tax liability regardless of                 
               whether or not P remains jointly liable.  Accordingly,                 
               the automatic stay imposed by 11 U.S.C. sec. 362(a)(8)                 
               does not prohibit this Court from proceeding to                        
               determine whether P is entitled to spousal relief, nor                 
               does it prohibit I from participating as an intervenor.                

               Lisa Susan Kovitch, pro se.                                            
               Richard P. Kovitch, pro se.                                            
               Jack T. Anagnostis, for respondent.                                    


                                       OPINION                                        

               RUWE, Judge:  The issue that we decide in this Opinion is              
          whether we may proceed to adjudicate petitioner’s claim for                 
          spousal relief in light of the fact that petitioner’s former                
          husband intervened and subsequently filed for bankruptcy, giving            
          rise to the automatic stay imposed by 11 U.S.C. section 362(a)(8)           
          (2000).  The automatic stay prevents the commencement or                    
          continuation of a proceeding before the United States Tax Court             
          concerning the debtor.1                                                     


               1 Petitioner requested to have this case decided under the             
          small tax case procedures provided in sec. 7463.  However,                  
          because the issue we decide in this Opinion is an issue of first            
          impression, we removed the small tax case designation and will              
          proceed under the normal procedural Rules of the Tax Court.  See            
          Rule 171(c), Tax Court Rules of Practice and Procedure.                     





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