Whistle B. Currier - Page 1

                                 T.C. Memo. 2005-21                                   


                               UNITED STATES TAX COURT                                


                          WHISTLE B. CURRIER, Petitioner v.                           
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      


               Docket No. 16339-04.             Filed February 9, 2005.               

               Whistle B. Currier, pro se.                                            
               George W. Bezold, for respondent.                                      

                                 MEMORANDUM OPINION                                   
               POWELL, Special Trial Judge:  This case is before the Court            
          on respondent’s Motion to Dismiss for Failure to State a Claim              
          Upon Which Relief Can be Granted filed pursuant to Rule 40.1                
          Petitioner did not file a Federal income tax return for the                 
          taxable year 2002.  Respondent determined a deficiency of $3,469            


          1    All Rule references are to the Tax Court Rules of Practice             
          and Procedure, and all section references are to the Internal               
          Revenue Code in effect for the year in issue.                               




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