- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011