Kenneth B. and Marie L. Boyd - Page 2

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                    Held:  Motion to dismiss for lack of jurisdiction                 
               will be granted.                                                       

               Peter L. Banis, for petitioners.                                       
               Michael R. Fiore, for respondent.                                      


                                       OPINION                                        

               HALPERN, Judge:  This matter is before the Court on                    
          respondent’s motion to dismiss for lack of jurisdiction (the                
          motion).  Petitioners object.  For the reasons stated, we shall             
          grant the motion.                                                           
               Unless otherwise indicated, all section references are to              
          the Internal Revenue Code of 1986, as amended (the Code), and all           
          Rule references are to the Tax Court Rules of Practice and                  
          Procedure.                                                                  
                                     Background                                       
               The petition in this case was filed on October 14, 2003.1              
          At the time they filed the petition, petitioners resided in                 
          Dennis, Massachusetts.  Accompanying the petition are various               
          documents, including a copy of a notice dated May 5, 2003,                  
          addressed to petitioner wife (but pertaining to the account of              
          both petitioners), which states that the Internal Revenue Service           
          (IRS) has applied an overpayment of $6,549 in petitioners’ income           


               1  The wrapper containing the petition has a postmark                  
          bearing the date Oct. 7, 2003.                                              




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