Opinion
6981-19
05-07-2024
GWA, LLC, GEORGE A. WEISS, TAX MATTERS PARTNER, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Albert G. Lauber, Judge.
On May 6, 2024, the Court received a letter from petitioner's counsel on which respondent's counsel was copied. Therein petitioner's counsel represents that on April 29, 2024, petitioner filed a Chapter 11 petition with the United States Bankruptcy Court for the Southern District of New York. Attached to the letter is a copy of petitioner's bankruptcy petition. In the letter, petitioner's counsel states her understanding that the "automatic stay" provisions of 11 U.S.C. § 362(a)(8) do not apply to this TEFRA partnership proceeding because none of petitioner's partners has filed for bankruptcy. Petitioner accordingly represents that the bankruptcy filing has no effect on the Court's jurisdiction to decide the case.
In light of this development, we will give respondent an opportunity to advise the Court as to his views.
Upon due consideration, it is
ORDERED that respondent shall file, on or before May 24, 2024, a status report indicating his views as to the effect (if any) of petitioner's bankruptcy filing on our jurisdiction or on the conduct of further proceedings in this case.