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Powell v. Comm'r of Internal Revenue

United States Tax Court
Sep 21, 2021
No. 7585-21 (U.S.T.C. Sep. 21, 2021)

Opinion

7585-21

09-21-2021

Robert M. Powell, Deceased, & Betty S. Powell Petitioners v. Commissioner of Internal Revenue Respondent


ORDER

Maurice B. Foley, Chief Judge.

On March 1, 2021, petitioners filed the petition to commence this case, seeking review with respect to a notice of deficiency issued for their 2018 tax year. In the petition, petitioners indicated that the tax liability for tax year 2018 was paid before the notice of deficiency was issued. On June 4, 2021, petitioners filed a first amendment to petition, therein also alleging that the 2018 tax liability was paid by petitioners before the notice of deficiency was issued.

On September 9, 2021, respondent filed an answer to petition, as amended. In his answer, respondent concedes that petitioners' 2018 tax liability was paid before the issuance of the notice of deficiency on which this case is based. That being so, the notice of deficiency issued to petitioners for their 2018 tax year is invalid and we are without jurisdiction in this matter.

Upon due consideration, it is

ORDERED that, on or before October 13, 2021, respondent shall file either (1) an appropriate jurisdictional motion, or (2) a status report concerning the then-current status of this case.

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Summaries of

Powell v. Comm'r of Internal Revenue

United States Tax Court
Sep 21, 2021
No. 7585-21 (U.S.T.C. Sep. 21, 2021)
Case details for

Powell v. Comm'r of Internal Revenue

Case Details

Full title:Robert M. Powell, Deceased, & Betty S. Powell Petitioners v. Commissioner…

Court:United States Tax Court

Date published: Sep 21, 2021

Citations

No. 7585-21 (U.S.T.C. Sep. 21, 2021)