Lisa Susan Kovitch, Petitioner, and Richard P. Kovitch, Intervenor - Page 7




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                    (8) the commencement or continuation of a                         
               proceeding before the United States Tax Court                          
               concerning the debtor.[6]                                              
          The automatic stay generally operates to temporarily bar actions            
          against or concerning the debtor or property of the debtor or the           
          bankruptcy estate.  Allison v. Commissioner, 97 T.C. 544, 545               
          (1991).  In a chapter 13 bankruptcy, such as that of Mr. Kovitch,           
          an automatic stay is generally lifted only at “the time a                   
          discharge is granted or denied.”  11 U.S.C. sec. 362(c)(2)(C)               
          (2000).                                                                     
               This Court has jurisdiction to determine whether the                   
          automatic stay under 11 U.S.C. section 362(a)(8) prevents us from           
          proceeding.  See Moody v. Commissioner, 95 T.C. 655, 658 (1990).            
          We have construed the phrase “concerning the debtor” in 11 U.S.C.           
          section 362(a)(8) narrowly to mean that the automatic stay should           
          not apply unless the Tax Court proceeding possibly would affect             
          the tax liability of the debtor in bankruptcy.  People Place Auto           
          Hand Carwash, LLC v. Commissioner, 126 T.C. 359, 363 (2006); 1983           


               6 The Bankruptcy Abuse Prevention and Consumer Protection              
          Act of 2005, Pub. L. 109-8, sec. 709, 119 Stat. 127, amended sec.           
          362(a)(8) of the Bankruptcy Code by striking out “the debtor” and           
          inserting “a corporate debtor’s tax liability for a taxable                 
          period the bankruptcy court may determine or concerning the tax             
          liability of a debtor who is an individual for a taxable period             
          ending before the date of the order for relief under this title”.           
          This provision became effective with respect to petitions for               
          relief under the Bankruptcy Code filed on or after Oct. 17, 2005.           
          See id. sec. 1501, 119 Stat. 216.  Because Mr. Kovitch commenced            
          his bankruptcy case on Oct. 14, 2005, this amendment does not               
          apply here.                                                                 






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