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Auckland v. Comm'r of Internal Revenue

United States Tax Court
Feb 15, 2023
No. 28146-21S (U.S.T.C. Feb. 15, 2023)

Opinion

28146-21S

02-15-2023

PATRICK J. AUCKLAND, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent


ORDER OF DISMISSAL FOR LACK OF JURISDICTION

Kathleen Kerrigan Chief Judge

On December 21, 2021, respondent filed in the above-docketed case a Motion to Dismiss for Lack of Jurisdiction, on the grounds: (1) As to 2012 and 2014, that the petition was not filed within the time prescribed by section 6213(a) or 7502 of the Internal Revenue Code (I.R.C.), nor had respondent made any other determination with respect to such tax years that would confer jurisdiction on the Court; and (2) as to 2015, that this the case was a duplicate of the proceeding at Docket No. 24367-17, where a decision entered on April 1, 2020, is now final pursuant to section 7481(a) of the Internal Revenue Code. The notice of deficiency for 2015 thus did not provide a basis for petitioner to invoke the Court's jurisdiction in this action, see Abatti v. Commissioner, 859 F.2d 115, 117 (9th Cir. 1988), aff'g 86 T.C. 1319 (1986), nor had respondent made any other determination with respect to such tax year that would confer jurisdiction on the Court, as of the time the petition herein was filed. Although the Court directed petitioner to file an objection, if any, to respondent's motion to dismiss, petitioner has that failed to do so.

Upon due consideration, it is

ORDERED that respondent's Motion To Dismiss for Lack of Jurisdiction is granted, and this case is dismissed for lack of jurisdiction.


Summaries of

Auckland v. Comm'r of Internal Revenue

United States Tax Court
Feb 15, 2023
No. 28146-21S (U.S.T.C. Feb. 15, 2023)
Case details for

Auckland v. Comm'r of Internal Revenue

Case Details

Full title:PATRICK J. AUCKLAND, Petitioner v. COMMISSIONER OF INTERNAL REVENUE…

Court:United States Tax Court

Date published: Feb 15, 2023

Citations

No. 28146-21S (U.S.T.C. Feb. 15, 2023)