Opinion
27153-22
04-17-2023
RICHARD DEROSA, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER OF DISMISSAL FOR LACK OF JURISDICTION
Kathleen Kerrigan Chief Judge
On March 13, 2023, respondent filed a Motion To Dismiss for Lack of Jurisdiction on the ground that petitioner paid the tax liability for tax year 2020 before the issuance of the notice of deficiency, and, therefore, the notice of deficiency is invalid. In his motion to dismiss respondent states that petitioner does not object to the granting of the motion. 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 on the ground that the notice of deficiency is invalid. It is further
ORDERED that petitioner's Motion to Proceed Remotely is denied as moot.