- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011