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Reddoch v. Comm'r of Internal Revenue

United States Tax Court
Sep 13, 2021
No. 13033-21 (U.S.T.C. Sep. 13, 2021)

Opinion

13033-21

09-13-2021

James D. Reddoch & Gail H. Reddoch Petitioners v. Commissioner of Internal Revenue Respondent


ORDER OF DISMISSAL FOR LACK OF JURISDICTION

Maurice B. Foley Chief Judge

On August 2, 2021, respondent filed in the above-docketed case a Motion to Dismiss for Lack of Jurisdiction, on the ground that no valid notice of deficiency, as authorized by section 6212 and required by section 6213(a) of the Internal Revenue Code to form the basis for a petition to this Court, had been issued to petitioners with respect to taxable year 2018. In the motion to dismiss, respondent explained that petitioners had already paid the amount of the deficiency underlying this proceeding prior to the issuance of the purported notice referenced in the petition herein. The determined amount thus failed to qualify as a deficiency within the meaning of the governing provisions of the Internal Revenue Code. Respondent further indicated that petitioners had no objection to the granting of the motion.

Upon due consideration, it is

ORDERED that the Court's Order To Show Cause served July 20, 2021, is hereby made absolute. It is further

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 purported notice of deficiency is invalid.

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Summaries of

Reddoch v. Comm'r of Internal Revenue

United States Tax Court
Sep 13, 2021
No. 13033-21 (U.S.T.C. Sep. 13, 2021)
Case details for

Reddoch v. Comm'r of Internal Revenue

Case Details

Full title:James D. Reddoch & Gail H. Reddoch Petitioners v. Commissioner of Internal…

Court:United States Tax Court

Date published: Sep 13, 2021

Citations

No. 13033-21 (U.S.T.C. Sep. 13, 2021)