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Cook v. Internal Revenue Service

United States District Court, S.D. Ohio, Western Division, Dayton
Oct 12, 2006
Case No. 3:06-mc-012 (S.D. Ohio Oct. 12, 2006)

Opinion

Case No. 3:06-mc-012.

October 12, 2006


ORDER


On October 11, 2006, the Clerk of this Court received from Plaintiff a letter dated September 20, 2006, which reads in its entirety: "I respectfully dispute the attached determination and request a hearing to preswent other clarifying information." Attached was a Notice of Determination Concerning Collection Action(s) Under Section 6320 and/or 6330, dated August 23, 2006, and purportedly signed by R.H. Carr, Appeals Team Manager for the Memphis Appeals Team Campus of the Internal Revenue Service.

26 U.S.C. § 6330(d) provides for judicial review of a determination made under that section by the Internal Revenue Service, provided that the person in question appeals within thirty days of the determination. It may be, therefore, that Plaintiff's filing is untimely, as the letter was received in this Court forty-nine (49) days after the date of the determination. Without deciding that question at this point, the Clerk has, on instructions of the undersigned Magistrate Judge, opened the above case to preserve the date of actual receipt.

Entirely apart from the question of whether the appeal is timely, it is not correctly filed because Plaintiff has not tendered the filing fee of $350. Nor has Plaintiff filed any memorandum to assert what the appeal is about, i.e., why Plaintiff believes the IRS determination is in error. Before this matter can proceed, Plaintiff must at least pay the filing fee and have the Clerk issue process to be served on the IRS to commence suit. It is accordingly ORDERED that Plaintiff supplement the filings already made by paying the filing fee (or seeking and obtaining leave to proceed in forma pauperis) not later than October 22, 2006. Failure to do so will lead the Court to conclude that Plaintiff has abandoned the appeal and it will be dismissed with prejudice. October 12, 2006.


Summaries of

Cook v. Internal Revenue Service

United States District Court, S.D. Ohio, Western Division, Dayton
Oct 12, 2006
Case No. 3:06-mc-012 (S.D. Ohio Oct. 12, 2006)
Case details for

Cook v. Internal Revenue Service

Case Details

Full title:CARVER D. COOK, Plaintiff, v. INTERNAL REVENUE SERVICE, Defendant

Court:United States District Court, S.D. Ohio, Western Division, Dayton

Date published: Oct 12, 2006

Citations

Case No. 3:06-mc-012 (S.D. Ohio Oct. 12, 2006)