- 8 - 6651(a)(1) addition to tax is not attributable to a deficiency, the notice of deficiency issued to petitioner contains no determination of a deficiency and is invalid. This is not a case where respondent seeks to cancel an erroneously determined deficiency after we have unquestionably obtained jurisdiction. See Hannan v. Commissioner, 52 T.C. 787 (1969). This is a case where respondent made no determination of a deficiency in the first place. See Wilson v. Commissioner, supra. Having concluded that the notice of deficiency issued to petitioner for the 1993 tax year is invalid, we lack jurisdiction in this case. Accordingly, respondent’s Motion to Dismiss for Lack of Jurisdiction is granted. Reviewed and adopted as the report of the Small Tax Case Division. An order will be entered granting respondent’s Motion to Dismiss for Lack of Jurisdiction.Page: Previous 1 2 3 4 5 6 7 8 9
Last modified: May 25, 2011