From Casetext: Smarter Legal Research

Borgeson v. Comm'r of Internal Revenue

United States Tax Court
Jan 5, 2022
No. 1895-21S (U.S.T.C. Jan. 5, 2022)

Opinion

1895-21S

01-05-2022

Scott R. Borgeson & Dawn Y. Borgeson, Petitioners v. Commissioner of Internal Revenue, Respondent


ORDER

Eunkyong Choi Special Trial Judge

This case is calendared for trial at the February 28, 2022, Seattle, Washington, Trial Session of the Court.

The petition in this case was filed on January 5, 2021. Petitioners seek review of a notice of deficiency dated September 21, 2020, issued for the taxable year 2017. Attached to that petition is a copy of the September 21, 2020, deficiency notice issued to petitioners. That deficiency notice states that the date to file a timely Tax Court petition as to that notice would expire on December 21, 2020.

The petition, filed January 5, 2021, arrived at the Court by Certified Mail and does not provide the date the envelope was mailed.

An examination of the petition, the deficiency notice attached to that petition, and the envelope in which the petition arrived, suggests that the petition in this case was not filed timely as of December 21, 2020. If such be the case, this Court would lack jurisdiction to redetermine a deficiency in petitioner's tax for 2017. I.R.C. secs 6213(a), 7502; Brown v. Commissioner, 78 T.C. 215, 220 (1982); Rule 13(c), Tax Court Rules of Practice and Procedure.

Upon due consideration, it is

ORDERED that, on or before January 24, 2022, respondent shall file a response to this Order and attach thereto, a postmarked U.S. Postal Service Form 3877, or other proof of mailing, showing the September 21, 2020, deficiency notice for 2017, upon which this case is based, was sent by certified or registered mail to petitioners at their last known address on or about September 21, 2020. It is further

ORDERED that, on or before January 24, 2022, petitioner and respondent each shall show cause, in writing, why the Court, on its own motion, should not dismiss this case for lack of jurisdiction on the ground the petition was not timely filed.


Summaries of

Borgeson v. Comm'r of Internal Revenue

United States Tax Court
Jan 5, 2022
No. 1895-21S (U.S.T.C. Jan. 5, 2022)
Case details for

Borgeson v. Comm'r of Internal Revenue

Case Details

Full title:Scott R. Borgeson & Dawn Y. Borgeson, Petitioners v. Commissioner of…

Court:United States Tax Court

Date published: Jan 5, 2022

Citations

No. 1895-21S (U.S.T.C. Jan. 5, 2022)