- 7 - dismissing petitioner’s complaint for failure to respond to that court’s order to show cause “why this matter should not be dismissed for lack of prosecution.” The dismissal of the complaint by the District Court cannot be construed as a “determination” by the District Court, and petitioner’s attempt to treat it as such is not the type of “reasonable mistake” by an unskilled litigant that was excused in FirsTier Mortgage Co. v. Investors Mortgage Ins. Co., 498 U.S. 269 (1991) (where the Supreme Court ruled that a notice of appeal filed after a nonfinal decision operated as a notice of appeal from the subsequent judgment). See also Andre v. Commissioner, 127 T.C. 68, 72-73 (2006); Render v. IRS, 309 F. Supp. 2d 938 (E.D. Mich. 2004). Since the District Court has not made an “incorrect court” determination, the petition to this Court is untimely and we accordingly lack jurisdiction for 2000. 2001 Tax Year Respondent has not issued a notice of determination for the taxable year 2001. Petitioner had a deficiency case before this Court at docket No. 17276-04 with respect to the taxable years 2001 and 2002, wherein a stipulated decision was entered on November 14, 2006. Consequently, the petition as it relates to 2001 is premature. The Court does not have jurisdiction as to collection activity for 2001. 1999 Tax YearPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011