W. Brian McDermott - Page 3




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          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 be             







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