- 5 - disputes the deficiency and accuracy-related penalty determined by respondent for that year. Respondent objects to the granting of petitioners' motion because, in respondent's view, to do so would confer jurisdiction over a taxable year that otherwise would not come within the Court's jurisdiction under the petition as on file and in respect of which the statutory period for petitioning the Court expired before the motion was filed. Discussion We begin our analysis with Rule 41(a), which governs amendments to pleadings. As relevant herein, Rule 41(a) provides as follows: A party may amend a pleading * * * only by leave of Court * * * and leave shall be given freely when justice so requires. No amendment shall be allowed after expiration of the time for filing the petition, however, which would involve conferring jurisdiction on the Court over a matter which otherwise would not come within its jurisdiction under the petition as then on file.* * * This Court has been liberal in granting taxpayers leave to amend in order to correct technical defects related to the requirements prescribed by our Rules governing the form and content of petitions. O'Neil v. Commissioner, 66 T.C. 105, 107- 108 (1976). However, we may not permit a petition to be amended if the amendment seeks to place in dispute an additional taxable year in respect of which the statutory period for filing a petition has expired. InverWorld, Ltd. v. Commissioner, 98 T.C.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011