- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011