Clark v. Commissioner
United States Tax Court
Petitioners filed a petition in Bankruptcy Court, thereby imposing an automatic stay on the collection and assessment of taxes (11 U.S.C. sec. 362(a)(6) (1982)), as well as suspending the running of the statute of limitations thereon. Sec. 6503(i), I.R.C. 1954. Petitioners' discharge in bankruptcy lifted the automatic stay. Held, lifting the automatic stay, without notice thereof to respondent, ended the suspension on the running of the statute of limitations.
Read the full summary
Petitioners filed a petition in Bankruptcy Court, thereby imposing an automatic stay on the collection and assessment of taxes (11 U.S.C. sec. 362(a)(6) (1982)), as well as suspending the running of the statute of limitations thereon. Sec. 6503(i), I.R.C. 1954. Petitioners' discharge in bankruptcy lifted the automatic stay. Held, lifting the automatic stay, without notice thereof to respondent, ended the suspension on the running of the statute of limitations. Held, further, respondent's notice of deficiency untimely.
1Opinion of the Court
James R. Clark and Lila V. Clark, Petitioners v. Commissioner of Internal Revenue, Respondent
Clark v. Commissioner
Docket No. 31368-83
United States Tax Court
90 T.C. 68; 1988 U.S. Tax Ct. LEXIS 6; 90 T.C. No. 6;
January 21, 1988. January 21, 1988, Filed
Decision will be entered under Rule 155.
Petitioners filed a petition in Bankruptcy Court, thereby imposing an automatic stay on the collection and assessment of taxes (11 U.S.C. sec. 362(a)(6) (1982)), as well as suspending the running of the statute of limitations thereon. Sec. 6503(i), I.R.C. 1954. Petitioners' discharge in bankruptcy lifted the…
2Cases cited7 opinions
- Badaracco v. CommissionerSupreme Court of the United States · 1984
- Helvering v. Rebsamen Motors, Inc.Court of Appeals for the Eighth Circuit · 1942
- Olson v. CommissionerUnited States Tax Court · 1986
- Thompson v. CommissionerUnited States Tax Court · 1985
- Clark v. CommissionerUnited States Tax Court · 1988
2 more not listed; retrieve them via the Exa API.