Emmitt Haskell Pack - Page 11




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          his petition within the time prescribed by section 6213(a) or               
          section 7502, we lack jurisdiction to redetermine the deficiency            
          for 1999, and we must grant respondent's motion to dismiss for              
          lack of jurisdiction as to that year.7                                      
               B.  Taxable Year 2000                                                  
               Petitioner admits that he “has never received any notice of            
          deficiency” for 2000, and respondent adamantly asserts that no              
          notice of deficiency or other jurisdictionally-relevant notice              
          has been issued to petitioner for that taxable year.  There is              
          nothing in the record to belie respondent’s assertion.                      
               In the absence of a valid notice, this Court lacks                     
          jurisdiction.  Rule 13(a), (c); Monge v. Commissioner, 93 T.C. 22           
          (1989); Normac, Inc. v. Commissioner, 90 T.C. 142 (1988).  Thus,            
          in the present case, we lack jurisdiction over the taxable year             
          2000, and we must therefore grant respondent's motion to dismiss            
          for lack of jurisdiction as to that year.                                   





               7  Although petitioner cannot pursue his case for 1999 in              
          this Court, he is not without a judicial remedy.  Specifically,             
          petitioner may pay the tax, file a claim for refund with the                
          Internal Revenue Service, and, if his claim is denied, sue for a            
          refund in the appropriate Federal District Court or the U.S.                
          Court of Federal Claims.  See McCormick v. Commissioner, 55 T.C.            
          138, 142 (1970).  Finally, we note that the granting of                     
          respondent’s motion to dismiss for lack of jurisdiction will in             
          no way preclude the parties from administratively resolving the             
          substantive issues for 1999, an approach that respondent has                
          offered to pursue.                                                          





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