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Hansen v. Comm'r of Internal Revenue

United States Tax Court
Dec 9, 2021
No. 6334-21 (U.S.T.C. Dec. 9, 2021)

Opinion

6334-21

12-09-2021

Leroy Hansen & Sharon B. Hansen Petitioners v. Commissioner of Internal Revenue Respondent


ORDER OF DISMISSAL FOR LACK OF JURISDICTION

Maurice B. Foley Chief Judge

On August 3, 2021, the Court issued an Order To Show Cause, directing the parties to show cause in writing why this case should not be dismissed for lack of jurisdiction on the ground that the notice of deficiency upon which it is based is invalid. On August 23, 2021, respondent filed a response, therein stating that he has no objection to this case being so dismissed. To date, petitioners have failed to file a response.

The record shows that petitioners paid the tax liability for the 2018 taxable year before the issuance of the notice of deficiency, and that no such deficiency existed at the time the notice was issued. Consequently, the notice of deficiency is invalid, and this case must be dismissed for lack of jurisdiction. See Bendheim v. Commissioner, 214 F.2d 26 (2d Cir. 1954); McConkey v. Commissioner, 199 F.2d 892 (4th Cir. 1952); Estate of Crawford v. Commissioner, 46 T.C. 262 (1966); Anderson v. Commissioner, 11 T.C. 841 (1948).

Upon due consideration of the foregoing, it is

ORDERED that the Court's Order To Show Cause is hereby made absolute. It is further

ORDERED that, on the Court's own motion, this case is dismissed for lack of jurisdiction on the ground that the notice of deficiency is invalid.


Summaries of

Hansen v. Comm'r of Internal Revenue

United States Tax Court
Dec 9, 2021
No. 6334-21 (U.S.T.C. Dec. 9, 2021)
Case details for

Hansen v. Comm'r of Internal Revenue

Case Details

Full title:Leroy Hansen & Sharon B. Hansen Petitioners v. Commissioner of Internal…

Court:United States Tax Court

Date published: Dec 9, 2021

Citations

No. 6334-21 (U.S.T.C. Dec. 9, 2021)