Jason and Jeanie Henderson - Page 4

                                        - 4 -                                         
          Henderson”.  The salutation on the 1997 notice of determination             
          states:  “Dear Mr. & Mrs. Henderson”.  Under “Tax Type/Form                 
          Number” the 1997 notice of determination lists “1040” taxes.  The           
          “Tax Type/Form Number” does not list civil penalties or section             
          6702.  Nowhere in the text of the notice of determination are               
          civil penalties or section 6702 mentioned.  The 1997 notice                 
          states that petitioner’s return was processed as a math error               
          under section 6213(b)(1).  Aside from listing only “Jason R                 
          Henderson” on the mailing address and from using the 1997 date              
          instead of 1999, the wording of the 1997 notice of determination            
          is identical to that of the 1999 notice of determination.                   
               The 1997 notice of determination advised petitioners to                
          “file a petition with the United States Tax Court for a                     
          redetermination within 30 days” if petitioners disputed the                 
          determination.  The notice of determination further stated:  “If            
          the court determines that you made your petition to the wrong               
          court, you will have 30 days after such determination to file               
          with the correct court.”                                                    
               On May 1, 2002, petitioner timely filed a petition with the            
          Court.  The petition refers to the “determination” dated April 4,           
          2002.                                                                       
               On June 28, 2002, respondent filed a Motion to Dismiss for             
          Lack of Jurisdiction as to The Taxable Year 1997.  Respondent               
          attached to the motion to dismiss a Form 4340, Certificate of               






Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: May 25, 2011