Michael V. Severo and Georgina C. Severo - Page 25




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               Petitioners herein have presented no facts to support a                
          finding that their bankruptcy estate contained no assets.  We               
          need not consider a no-asset bankruptcy situation.  Further, in             
          section 6503(h), unlike section 6503(b), there is no reference to           
          assets nor reason to infer that thereunder the suspension of the            
          limitations period lasts only as long as there are assets of the            
          taxpayer in the control of the court.                                       
               Lastly, petitioners argue that section 6503(h)(2) did not              
          suspend the collection period of limitations as to petitioners’             
          postpetition assets, and petitioners argue that as to their                 
          postpetition assets the 10-year collection period of limitations            
          expired before respondent’s 2005 NFTL and before petitioners                
          requested their Appeals Office collection hearing.                          
               However, the automatic stay prevented respondent, during               
          the bankruptcy proceeding, from collecting any of petitioners’              
          assets.  Bankruptcy Code sec. 362(a)(1), (6); see also Smith v.             
          Commissioner, 124 T.C. 36, 44 (2005).  Therefore, the collection            
          period of limitations was suspended even as to petitioners’                 
          postpetition assets.                                                        
               For the reasons stated, this Court sua sponte will dismiss             
          for lack of jurisdiction all issues pertaining to respondent’s              
          2005 notice of levy, we shall deny petitioners’ motion for                  










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