Gwendolyn A. Ewing - Page 2




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                    Held, further:  P’s petition was timely filed                     
               under sec. 6015(e)(1)(A), I.R.C.  In accordance with                   
               sec. 6015(e)(1)(A), I.R.C., P’s petition was filed more                
               than 6 months after the date she submitted her request                 
               for relief to R.  R failed to mail his notice of                       
               determination to P’s last known address pursuant to                    
               sec. 6015(e)(1)(A), I.R.C.  The misaddressed notice of                 
               determination prejudiced P’s ability to file her                       
               petition within 90 days after the mailing of R’s notice                
               of determination.                                                      
               Karen L. Hawkins, for petitioner.                                      
               Thomas M. Rohall, for respondent.                                      


                                       OPINION                                        

               RUWE, Judge:  This case is before the Court on respondent’s            
          Motion to Dismiss for Lack of Jurisdiction.  Respondent’s motion            
          is based on the ground that the petition was not timely filed.              
          We held a hearing on respondent’s motion during which we raised             
          sua sponte the issue of whether we lack jurisdiction under                  
          section 6015(e)1 to review respondent’s denial of equitable                 
          relief pursuant to section 6015(f) where no deficiency has been             
          asserted.                                                                   
               The Tax Court may exercise jurisdiction only to the extent             
          authorized by Congress.  Fernandez v. Commissioner, 114 T.C. 324,           





               1Unless otherwise indicated, all section references are to             
          the Internal Revenue Code currently in effect, and all Rule                 
          references are to the Tax Court Rules of Practice and Procedure.            




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