- 9 - 2001, was not timely filed.4 Nor does petitioners’ Amendment To Original Complaint relate back to their original Complaint, filed August 9, 2001. Fed. R. Civ. P. 15(c)(2) provides that an amendment of a pleading relates back to the date of the original pleading when “the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth in the original pleading”. It is well settled that each taxable year “is the origin of a new liability and of a separate cause of action.” Commissioner v. Sunnen, 333 U.S. 591, 598 (1948); see O’Neil v. Commissioner, 66 T.C. 105, 107-108 (1976). Accordingly, petitioners’ Amendment To Original Complaint, which challenged respondent’s determination to proceed with collection of petitioner Paul L. Hickey’s taxes for 1998, does not relate back to the original Complaint, which challenged respondent’s determination to proceed with collection of petitioners’ taxes for 1996 and 1997. Consistent with the preceding discussion, and this Court’s holding in McCune v. Commissioner, 115 T.C. 114 (2000), it follows that we must dismiss this case for lack of jurisdiction with regard to the notice of determination dated August 8, 2001. 4 The record in this case provides no basis to conclude that petitioner Paul L. Hickey, a resident of Las Vegas, NV, delivered his Amendment To Original Petition to the District Court other than by hand.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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