- 2 - This case is before the Court on respondent’s motion to dismiss for lack of jurisdiction. For the reasons stated below, we must grant respondent’s motion. Background On July 5, 2006, petitioner filed a petition with this Court for relief pursuant to section 6015 with regard to the taxable year 2003. Attached to the petition is a letter from the Internal Revenue Service to petitioner dated November 25, 2005, informing petitioner that a “preliminary determination” had been made regarding his request for relief pursuant to section 6015. On November 30, 2006, respondent filed a motion to dismiss for lack of jurisdiction (motion to dismiss), on the ground that the petition was not filed within the time prescribed by section 6015(e)(1)(A). Attached to respondent’s motion is a computerized version of the Final Notice of Determination (final notice) sent to petitioner denying petitioner’s request for section 6015 relief. The final notice is dated January 17, 2006. Discussion The jurisdiction of this Court depends on the timely filing of a petition. Rule 13(c). Section 6015(e)(1)(A) requires that a petition to determine relief from joint and several liability must be filed no later than the close of the 90th day after “the date the Secretary mails, by certified or registered mail to thePage: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011