Gregory Alan Lindstrom - Page 8




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         consists of a single-page, standardized Tax Court form.  The                 
         lengthiest portion of the form petition, on which petitioner set             
         forth the relief requested and his reasons therefor, consists of             
         six sentences.  Therein, petitioner disputes the notice of                   
         deficiency's determination that he failed to file a return for               
         2002,4 as well as the notice's treatment of two real estate                  
         transactions.                                                                
              Considering the record as a whole, we are not persuaded that            
         petitioner was prejudiced by the 16-day delay in receiving the               
         notice of deficiency.  Given the relative simplicity of the                  
         petition he filed, petitioner had ample time to prepare and file             
         it when he received the notice of deficiency.  Consequently,                 
         petitioner's receipt of the notice of deficiency 16 days after it            
         was mailed did not constitute prejudicial delay.                             
              We hold that the notice of deficiency herein is valid.                  
         Accordingly, respondent's motion to dismiss for lack of                      
         jurisdiction will be granted, and this case will be dismissed for            


               4 The petition asserts that "On April 15, 2002, a 2002                 
          MARRIED FILING JOINTLY Taxpayer return was filed [sic]".  (We               
          assume that petitioner meant to aver that he timely filed the               
          return on Apr. 15, 2003.)  Respondent asserts in his response to            
          petitioner's objection to the motion to dismiss that "On January            
          12, 2007, after issuance of the Notice of Deficiency for the 2002           
          tax year at issue in this case, respondent's service center in              
          Andover received from petitioner and his spouse a Form 1040 for             
          the tax year ending December 31, 2002."  Petitioner thereafter              
          apparently abandoned his claim of having filed timely; he has               
          subsequently failed to address respondent's allegation that a               
          Form 1040 for 2002 was not received until Jan. 12, 2007.                    






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