- 5 - petition in this case, the Court granted respondent’s motion to dismiss as to Leslie J. Elmore on the ground that a notice of determination was not issued to her. F. Petitioner’s Motion To Dismiss As stated, petitioner filed a Motion to Dismiss. Respondent filed an objection to petitioner’s motion. Pursuant to notice, this matter was called for hearing (on two occasions) at the Court’s motions session in Washington, D.C. Counsel for respondent appeared at the hearings and offered argument in opposition to petitioner’s motion to dismiss.4 Although there was no appearance by or on behalf of petitioner at either hearing, petitioner filed with the Court a written statement pursuant to Rule 50(c), as well as a Response to respondent’s objection. 3(...continued) with this Court within 30 days of the District Court’s order dismissing the action for lack of subject matter jurisdiction. See Hickey v. Commissioner, T.C. Memo. 2003-76. 4 During the second hearing, counsel for respondent informed the Court that the Office of Chief Appeals recently issued Delegation Order No. App 8-a authorizing: (1) Appeals officers and Settlement officers to conduct hearings and make determinations under secs. 6320 and 6330; and (2) Appeals Team Managers to review and approve such determinations. The effective date of this delegation order is Mar. 17, 2003. The delegation order concludes as follows: “To the extent that authority previously exercised consistent with this order may require ratification, it is hereby affirmed and ratified.”Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011