- 2 - At the trial session, respondent's counsel orally moved the Court to dismiss this case for lack of prosecution and find petitioner liable for the deficiencies and additions to tax as determined in the notice of deficiency. Respondent also sought to have a penalty awarded to the United States pursuant to section 6673(a)1 on the ground that petitioner's position in instituting this proceeding is frivolous or groundless. Motion To Withdraw We first consider petitioner's motion to withdraw her petition in this case. It is well settled that the filing of a timely petition in response to a timely notice of deficiency invests this Court with jurisdiction to finally resolve the parties’ controversy. Estate of Ming v. Commissioner, 62 T.C. 519, 521 (1974). Additionally, under section 7459(d), if we dismiss a case for any reason other than lack of jurisdiction, this Court may enter an order finding the deficiency to be the amount determined in the notice of deficiency or in some other appropriate amount. Sec. 7459; see also Rule 123(d). Consequently, Ms. Hirsh’s petition may not be withdrawn without prejudice. Graham v. Commissioner, 76 T.C. 853, 858 (1981); 1 All section references are to the Internal Revenue Code in effect for the taxable years at issue, and Rule references are to this Court's Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011