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for Lack of Jurisdiction/Motion to Vacate Order of Dismissal for
Lack of Jurisdiction”, which states in relevant part:2
REQUEST PERMISSION TO FILE MOTION TO VACATE ORDER OF
DISMISSAL FOR LACK OF JURISDICTION
PETITIONER respectfully requests permission from the
Court to file this motion to vacate “ORDER OF DISMISSAL
FOR LACK OF JURISDICTION” for the tax year 1997, with
Docket No. 10479-05L. PETITIONER also request [sic]
leave from the court to accept PETITIONER’s amended
petition. PETITIONER desires to dispute the
RESPONDENT’s determination made with respect to
PETITIONER’s income taxes for the tax year.
MOTION TO VACATE ORDER OF DISMISSAL FOR LACK
OF JURISDICTION
PETITIONER respectfully requests that the Court vacate
its Order of Dismissal for Lack of Jurisdiction and
determine the case laid out by the PETITIONER’s Amended
Petition, which will be filed concurrently with this
motion. PETITIONER will also file a Motion to Remand
and Designation of Place of Trial concurrently with
this motion.
On April 20, 2006, 91 days after the order of dismissal was
entered, the Court filed the document as a “Motion for Leave to
File Motion to Vacate Order of Dismissal Embodying Motion to
Vacate Order of Dismissal”. Contrary to the language in the
motion for leave, the Court received petitioner’s amended
petition on April 26, 2006.
2 Except in limited circumstances that do not apply here,
Rule 54 generally requires motions to be separately stated and
not joined together. We allowed the document to be filed here in
the interest of judicial administration but do not purport to
sanction the filing of joint motions in future cases.
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Last modified: May 25, 2011