Richard A. Wilson - Page 2




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                    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.                       




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