Paul Everman - Page 7

                                        - 7 -                                         
               H.  Respondent’s Motion To Dismiss                                     
               As stated, respondent filed a Motion to Dismiss for Lack of            
          Jurisdiction.  Respondent contends that the Court lacks                     
          jurisdiction on the grounds that: (1) The petition was not timely           
          filed with regard to the notice of deficiency dated February 9,             
          2000; and (2) respondent did not issue to petitioner a notice of            
          determination concerning collection actions under sections 6320             
          or 6330.  Petitioner filed a notice of objection to respondent’s            
          motion.                                                                     
               Pursuant to notice, this matter was called for hearing at              
          the Court’s motions session in Washington, D.C.  Counsel for                
          respondent appeared at the hearing and offered argument in                  
          support of respondent’s motion to dismiss.  Although there was no           
          appearance by or on behalf of petitioner at the hearing,                    
          petitioner filed with the Court a written statement pursuant to             
          Rule 50(c).                                                                 
               After the hearing, the Court issued Orders directing                   
          respondent to file supplements to his motion to dismiss.                    
          Respondent complied with the Court’s Orders.                                
          Discussion                                                                  
               The Tax Court is a court of limited jurisdiction.  We may              
          exercise jurisdiction only to the extent expressly authorized by            
          statute.  Breman v. Commissioner, 66 T.C. 61, 66 (1976).                    








Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011