Eric Jennings - Page 11

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            that year.  Sec. 7442; Hesse v. Commissioner, T.C. Memo. 1997-                            
            333, and cases cited therein at note 6.                                                   
                  We have considered petitioner's remaining arguments and find                        
            them without merit.                                                                       
            Conclusion                                                                                
                  We lack jurisdiction over the taxable year 1992.                                    
            Accordingly, petitioner's Motion for Leave to File Amended                                
            Pleading will be denied.4                                                                 
                  To give effect to the foregoing,                                                    
                                                An order denying petitioner's                         
                                                motion will be issued.                                

















            4           We note that although petitioner cannot pursue a case                         
            in this Court as to the taxable year 1992, petitioner is not                              
            without a judicial remedy.  Thus, petitioner may pay the tax,                             
            file a claim for refund with the Internal Revenue Service, and,                           
            if the claim is denied, sue for a refund in the appropriate                               
            Federal District Court or the United States Court of Federal                              
            Claims.  McCormick v. Commissioner, 55 T.C. 138, 142 (1970).                              




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