- 3 - B. & Donna McDermott v. Commissioner, docket No. 16240-04L. On May 18, 2005, in the above collection case, we granted a motion for summary judgment that respondent had filed against petitioner. In the order granting respondent’s summary judgment and dismissal of petitioner’s collection case, we warned petitioner that a penalty under section 6673 would be considered if petitioner continued to make frivolous arguments. Under section 6213(a), generally a petition must be filed relating to a notice of deficiency within 90 days of the mailing of the notice of deficiency to a taxpayer. On September 25, 2006, more than 6 years after respondent mailed the above notice of deficiency to petitioner and his wife, petitioner filed his petition herein. Respondent’s motion to dismiss is based on petitioner’s late petition. In opposition, petitioner admits the untimeliness of his petition, but petitioner argues that we still have jurisdiction to rule on the validity of respondent’s notice of deficiency, and petitioner argues that respondent’s notice of deficiency erroneously charges to him income of a TEFRA partnership. Based thereon, petitioner argues that the income charged to him in respondent’s notice of deficiency should have been charged to him by respondent in a TEFRA partnership proceeding utilizing a Notice of Final Partnership Administrative Adjustment, and petitioner argues that respondent’s motion to dismiss should bePage: Previous 1 2 3 4 NextLast modified: November 10, 2007