- 4 - things, informed her that petitioners had until July 14, 1999, to petition this Court to redetermine respondent’s determination. The employee also provided Ms. Tahim with the telephone number of this Court’s petition section. On July 14, 1999, 90 days after respondent mailed to petitioners the notices of deficiency, petitioners filed a lawsuit against the Internal Revenue Service and Does 1 through 40 (collectively, the defendants) in the United States District Court, Central District of California, generally challenging respondent’s determination. On September 29, 1999, the defendants moved to dismiss the lawsuit without prejudice to petitioners’ paying the tax and filing a proper refund action, asserting primarily that the District Court lacked subject matter jurisdiction. Following the District Court’s filing of petitioners’ opposition to the defendant’s motion,5 the District Court, on October 25, 1999, filed a stipulation of the parties there stating that the court “may dismiss * * * [petitioners’] Complaint and action on the sole ground that the Court lacks subject matter jurisdiction, without prejudice to * * * [petitioners] filing a subsequent suit in a court of competent 5 Petitioners agreed in their opposition that the District Court lacked jurisdiction, but they went to great lengths to maintain that the court should dismiss the case without rendering judgment on the merits of the case. Petitioners’ opposition states that they do not want the court’s dismissal to be given res judicata effect in any further proceeding.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011