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Skiles v. Comm'r of Internal Revenue

United States Tax Court
Mar 24, 2023
No. 24059-22 (U.S.T.C. Mar. 24, 2023)

Opinion

24059-22

03-24-2023

BRIAN LEE SKILES, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent


ORDER OF DISMISSAL FOR LACK OF JURISDICTION

Kathleen Kerrigan Chief Judge

On January 5, 2023, respondent filed a Motion to Dismiss for Lack of Jurisdiction (motion to dismiss) on the grounds the petition in this case was filed in violation of the automatic stay imposed under 11 U.S.C. section 362(a)(8). On January 31, 2023, petitioner filed an Objection to Motion to Dismiss for Lack of Jurisdiction. Thereafter, on February 24, 2023, respondent filed a Response to Motion to Dismiss for Lack of Jurisdiction. Upon careful consideration, for the reasons set forth in respondent's motion to dismiss and response to petitioner's objection, it is

ORDERED that respondent's Motion To Dismiss for Lack of Jurisdiction is granted, and this case is dismissed for lack of jurisdiction.

Petitioner is reminded of the applicability of section 6213(f)(1) of the Internal Revenue Code, which provides that the running of time for filing a Tax Court petition is suspended during the time the automatic stay prohibits the filing of a Tax Court petition, and for 60 days thereafter. The automatic stay is lifted upon the earliest of (1) the date the bankruptcy case is closed, (2) the date the bankruptcy case is dismissed, or (3) the date a bankruptcy discharge is granted or denied. 11 U.S.C. sec. 362(c)(2).


Summaries of

Skiles v. Comm'r of Internal Revenue

United States Tax Court
Mar 24, 2023
No. 24059-22 (U.S.T.C. Mar. 24, 2023)
Case details for

Skiles v. Comm'r of Internal Revenue

Case Details

Full title:BRIAN LEE SKILES, Petitioner v. COMMISSIONER OF INTERNAL REVENUE…

Court:United States Tax Court

Date published: Mar 24, 2023

Citations

No. 24059-22 (U.S.T.C. Mar. 24, 2023)