- 3 - By order of dismissal entered August 21, 2002, the Court granted respondent’s motion to dismiss for lack of jurisdiction. The Court concluded that, considering the U.S. Postal Service postmark, the petition was mailed 91 days after the mailing of the notice of deficiency and accordingly, the petition was untimely. See Malekzad v. Commissioner, 76 T.C. 963 (1981); sec. 301.7502-1(c)(1)(iii), Proced. & Admin. Regs. After the dismissal of that case, respondent assessed the deficiency and addition to tax. On September 11, 2004, a notice of intent to levy was sent to petitioner. Petitioner timely requested a hearing. The tax liability, including addition to tax and interest, at this point was $13,914.58. In the request for hearing, petitioner questioned the Court’s prior dismissal of the deficiency case and asked that it be reopened.2 Discussion Summary judgment serves to “expedite litigation and avoid unnecessary and expensive trials.” Fla. Peach Corp. v. Commissioner, 90 T.C. 678, 681 (1988). Either party may move for summary judgment upon all or any part of the legal issues in controversy. Rule 121(a). Because there are no genuine issues 2 Petitioner also objected on the basis that a notice of Federal tax lien had been filed on July 17, 1996, and that this proceeding represents “double taxation”. Petitioner attached a copy of the notice of lien which lists the taxpayer as “Terrie Canaday Banks, Aim Alternatives in Managed Care”. The notice of lien is for employment taxes for periods in 1996.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011