Smith v. Commissioner
United States Tax Court
P, a debtor in bankruptcy, executed a settlement agreement with the trustee in bankruptcy waiving his right to a discharge. The bankruptcy court approved the terms of the settlement. Thereafter, R issued statutory notices of deficiency to P for taxable years 1986 and 1987 and to P's wife for taxable year 1986. P and his wife filed separate petitions for redetermination. P subsequently filed a motion to stay proceedings.
Read the full summary
P, a debtor in bankruptcy, executed a settlement agreement with the trustee in bankruptcy waiving his right to a discharge. The bankruptcy court approved the terms of the settlement. Thereafter, R issued statutory notices of deficiency to P for taxable years 1986 and 1987 and to P's wife for taxable year 1986. P and his wife filed separate petitions for redetermination. P subsequently filed a motion to stay proceedings. Held, P's waiver of his right to a discharge served as a denial of a discharge which terminated the automatic stay of 11 U.S.C. sec. 362(a)(8), upon approval by the bankruptcy…
1Opinion of the Court
OPINION
NlMS, Chief Judge:
This matter is before the Court on petitioner Stephen L. Smith’s motion to stay the proceedings. For reasons hereinafter stated, the Court has found it necessary to raise sua sponte the question of whether the Court has jurisdiction over the petition filed by Stephen L. Smith. (Unless otherwise indicated, section references are to the Internal Revenue Code as in effect during the years in issue.)
Background
Petitioner, Stephen L. Smith (Stephen), operated a sole proprietorship under the name SH Oil & Gas Exploration (SH Oil). On December 30, 1987, the State of Florida…
2Cases cited4 opinions
- Normac, Inc. v. CommissionerUnited States Tax Court · 1988
- Neilson v. CommissionerUnited States Tax Court · 1990
- Thompson v. CommissionerUnited States Tax Court · 1985
- In Re ShenbergDistrict Court, N.D. Illinois · 1977
3Cited by47 opinions
- Halpern v. CommissionerUnited States Tax Court · 1991
- MOORHOUS v. COMMISSIONER OF INTERNAL REVENUEUnited States Tax Court · 2001
- Downing v. Comm'rUnited States Tax Court · 2002
- Meyer v. CommissionerUnited States Tax Court · 1991
- Gustafson v. CommissionerUnited States Tax Court · 1991
42 more not listed; retrieve them via the Exa API.