Andrea Pappas - Page 3

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               This matter is before the Court on respondent’s Motion to              
          Dismiss for Lack of Jurisdiction on the ground that the notice of           
          deficiency is invalid because respondent did not determine a                
          “deficiency” within the meaning of sections 6211 and 6665.  As              
          explained below, we shall grant respondent’s motion to dismiss.             
          Background                                                                  
               On July 11, 2001, respondent mailed petitioner a notice of             
          deficiency.  The only determination made by respondent in the               
          notice of deficiency was that petitioner was liable for an                  
          addition to tax of $6,570.68 for the 1993 taxable year, pursuant            
          to section 6651(a)(1).                                                      
               On July 31, 2001, the Court received a letter from                     
          petitioner which we have treated as an imperfect petition.  On              
          August 6, 2001, we ordered that petitioner file a proper amended            
          petition on or before October 5, 2001.                                      
               On October 3, 2001, petitioner timely filed with the Court             
          an amended petition, challenging the determination that she was             
          liable for the addition to tax for 1993 and placing in dispute a            
          “deficiency” of $29,203 for that year.  At the time the petition            
          was filed, petitioner resided in Commack, New York.                         
               On December 20, 2001, the Court notified the parties that              
          the case was set for trial at the Westbury, New York, trial                 
          session beginning on March 11, 2002.  On February 12, 2002,                 
          petitioner filed a motion for a continuance from the March 11,              






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