Kenneth N. Headley - Page 2

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               to the wrong court and that P was entitled to 30 days                  
               within which to file with the correct court, as                        
               provided in sec. 6330(d)(1), I.R.C.                                    
                    R asserts that this Court lacks jurisdiction over                 
               the year 2000 because the petition was not timely                      
               filed.  R also asserts that this Court is without                      
               jurisdiction as to the remaining years since no                        
               determination letters were issued as to those years.                   
                    Held:  Because the District Court’s sua sponte                    
               dismissal of P’s complaint after P’s failure to serve                  
               the defendant was not a determination under sec. 6330,                 
               I.R.C., that the appeal was to an incorrect court, P’s                 
               petition to this Court was not timely.  Held, further,                 
               this Court lacks jurisdiction over the remaining years                 
               because R did not issue determination letters as to                    
               those years.                                                           

               Kenneth N. Headley, pro se.                                            
               Charles J. Graves, for respondent.                                     


                                 MEMORANDUM OPINION                                   

               NIMS, Judge:  This case is before the Court on respondent’s            
          motion to dismiss for lack of jurisdiction.  Respondent contends            
          that this Court lacks jurisdiction (1) for the years 1996, 1997,            
          1998, 1999, and 2001 because no notices of determination were               
          issued for those years; and (2) for the year 2000 because the               
          petition was not timely filed with this Court for reasons                   
          hereinafter explained.  Unless otherwise indicated, all section             
          references are to sections of the Internal Revenue Code.                    








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