George A. Robinson - Page 9




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          FOR SUMMARY JUDGMENT”, which the Court had filed as respondent’s            
          motion for partial summary judgment.  The Court had that document           
          filed as a motion for partial summary judgment because it asked             
          the Court for a summary adjudication in respondent’s favor only             
          as to petitioner’s taxable years 1987, 1988, 1989, 1993, 1994,              
          and 1995.  However, the notice of determination pertains to                 
          petitioner’s taxable year 1996 as well as his taxable years 1987,           
          1988, 1989, 1993, 1994, and 1995.                                           
             In a supplement to respondent’s motion (respondent’s supple-             
          ment) that the Court ordered respondent to file, respondent                 
          explained that the notice of determination insofar as it pertains           
          to petitioner’s taxable year 1996 relates only to a frivolous               
          return penalty under section 6702.  Respondent further explained            
          in respondent’s supplement that, in addition to pertaining to               
          petitioner’s unpaid liability for 1995, the notice of determina-            
          tion also pertains to a frivolous return penalty under section              
          6702 for that year.                                                         
             The Court does not have jurisdiction over a frivolous return             
          penalty under section 6702.  Van Es v. Commissioner, 115 T.C.               
          324, 328-329 (2000).  The Court will sua sponte dismiss this case           
          for lack of jurisdiction insofar as the petition seeks review of            
          the notice of determination relating to a frivolous return                  
          penalty under section 6702 with respect to each of petitioner’s             








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