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Harrell v. Comm'r of Internal Revenue

United States Tax Court
Jun 12, 2023
No. 27396-22 (U.S.T.C. Jun. 12, 2023)

Opinion

27396-22

06-12-2023

SAMUEL HARRELL, III, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent


ORDER OF DISMISSAL FOR LACK OF JURISDICTION

Kathleen Kerrigan Chief Judge

This case is before the Court on respondent's Motion to Dismiss for Lack of Jurisdiction, filed March 17, 2023, on the grounds that no notice of deficiency or notice of determination concerning collection action that would permit petitioner to invoke the jurisdiction of this Court has been issued to petitioner for tax years 2011 through 2021. Although the Court provided petitioner an opportunity to file an Objection, if any, to respondent's motion, petitioner failed to do so.

For reasons set forth in respondent's motion, it is ORDERED that respondent's Motion to Dismiss for Lack of Jurisdiction is granted. It is further

ORDERED that with respect to each year placed in issue in the petition, this case is dismissed for lack of jurisdiction upon the ground stated in respondent's motion.

Petitioner is advised that I.R.C. section 6673 authorizes the Court to require a taxpayer to pay to the United States a penalty not in excess of $25,000 whenever it appears that proceedings have been instituted or maintained by the taxpayer(s) primarily for delay or that the position of the taxpayer(s) in such proceeding is frivolous or groundless. Although an I.R.C. section 6673 penalty will not be imposed in this case, petitioner is admonished that the Court will consider imposing such a penalty in future cases commenced by petitioner seeking similar relief under similar circumstances.


Summaries of

Harrell v. Comm'r of Internal Revenue

United States Tax Court
Jun 12, 2023
No. 27396-22 (U.S.T.C. Jun. 12, 2023)
Case details for

Harrell v. Comm'r of Internal Revenue

Case Details

Full title:SAMUEL HARRELL, III, Petitioner v. COMMISSIONER OF INTERNAL REVENUE…

Court:United States Tax Court

Date published: Jun 12, 2023

Citations

No. 27396-22 (U.S.T.C. Jun. 12, 2023)