SCHOPPE v. C.I.R.

No. 12-9010.

711 F.3d 1190 (2013)

John H. SCHOPPE, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

March 28, 2013.


Attorney(s) appearing for the Case

Submitted on the briefs:*

John H. Schoppe, pro se.

Kathryn Keneally , Assistant Attorney General, Bruce R. Ellisen , Attorney, and John Schumann , Attorney, Tax Division, U.S. Department of Justice, Washington, D.C., for Respondent-Appellee.

Before O'BRIEN, McKAY, and BALDOCK, Circuit Judges.


McKAY, Circuit Judge.

John H. Schoppe petitions for review of a Tax Court decision finding him liable for tax deficiencies for the years 2002 through 2007. While the case was proceeding in this court, Mr. Schoppe filed a voluntary bankruptcy petition. That filing prompted this court to request supplemental briefing from the parties on whether the automatic bankruptcy stay in 11 U.S.C. § 362(a)(1) would apply to this appeal. As a threshold matter, we hold that...

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