§1756

4 cases·1 criticized·1 overruled·2 cited

Statute text not available for this section.

4 Citing Cases

Catherine Beverly, Petitioner T.C. Memo. 2005-41 · 2005

f the final notice of intent to levy. We recently noted that collection activity undertaken in violation of the automatic stay generally is considered void or invalid. See Smith v. Commissioner, 124 T.C. __ (2005) (citing 9B Am. Jur. 2d, Bankruptcy, sec. 1756 (1999)). The U.S. Court of Appeals for the Seventh Circuit, the court to which an appeal in this case would lie, adheres to this view. See Middle Tenn. News Co. v. Charnel of Cincinnati, Inc., 250 F.3d 1077, 1082 (7th Cir. 2001). In sum, we

David D. Smith, Petitioner 124 T.C. No. 3 · 2005

Levy issued to a debtor who had filed a bankruptcy petition violated the automatic stay and was void). Collection activity undertaken in violation of the automatic stay generally is considered void and without effect. See 9B Am. Jur. 2d, Bankruptcy, sec. 1756, at 387 (1999). Accordingly, we conclude that the notices of determination issued to petitioner 7Despite the express exception permitting the Commissioner to issue to a taxpayer a notice of deficiency under 11 U.S.C. sec. 362(b)(9)(B) (2000

Coghlan v. Wellcraft Marine Corp. 240 F.3d 449 · Cir.
Smith v. Commissioner 124 T.C. 36 · 2005

New cases, delivered.

Get notified when new Tax Court opinions drop.