- 2 - Held, further, This Court lacks jurisdiction over the additions to tax for failure to pay estimated tax because P actually filed returns for the years in issue. Sec. 6665(b)(2), I.R.C. Howard B. Young and John A. Ruemenapp (specially recognized), for petitioner. Timothy S. Murphy and Tami Belouin, for respondent. OPINION DAWSON, Judge: This case was assigned to Special Trial Judge Robert N. Armen, Jr., pursuant to the provisions of section 7443A(b)(5) and Rules 180, 181, and 183.1 The Court agrees with and adopts the opinion of the Special Trial Judge, which is set forth below. OPINION OF THE SPECIAL TRIAL JUDGE ARMEN, Special Trial Judge: This matter is before the Court on respondent’s Motion to Dismiss for Lack of Jurisdiction. Respondent asserts that jurisdiction is lacking because “no deficiency is raised in the notice of deficiency, pursuant to I.R.C. sections 6211 and 6665, nor has respondent made any other determination with respect to petitioner’s taxable years 1991, 1992, 1993, and 1994, that would confer jurisdiction on this 1 Unless otherwise indicated, all section references are to the Internal Revenue Code, as amended, and all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011