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Sow v. Comm'r of Internal Revenue

United States Tax Court
Oct 28, 2022
No. 30276-21S (U.S.T.C. Oct. 28, 2022)

Opinion

30276-21S

10-28-2022

ALPHA M. SOW & FATOUMATA B. DIALLO SOW, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent


ORDER

Eunkyong Choi Special Trial Judge.

This case is currently calendared for trial in New York City, New York on December 19, 2022. On October14, 2022, the parties filed a Proposed Stipulated Decision. However, upon review it was notices that it included the wife in the taxable year 2018. this is erroneous and therefore we will strike it. On October 25, 2022, respondent filed a Motion to Dismiss for Lack of Jurisdiction as to Fatoumata B. Diallo Sow on the ground that no statutory notice of deficiency, as authorized by I.R.C. section 6212 and required by I.R.C. section 6213(a) to form the basis for a petition to this Court, has been sent to petitioner Fatoumata B. Diallo Sow with respect to the taxable year 2018, nor has respondent made any other determination with respect to petitioner Fatoumata B. Diallo Sow's taxable year 2018 that would confer jurisdiction on this Court. Respondent's Motion states that petitioners do not object to the granting of this motion.

Upon due consideration and for cause, it is hereby

ORDERED that respondent's Motion to Dismiss for Lack of Jurisdiction as to petitioner Fatoumata B. Diallo Sow filed October 25, 2022, is granted. It is further

ORDERED that the parties' Proposed Stipulated Decision filed on October 14, 2022, is stricken from the record in this case. It is further

ORDERED that On or before November 28, 2022, the parties shall submit to the Court either a Stipulated Decision or file a joint report (or separate reports, if preferred) regarding the then-present status of this case.


Summaries of

Sow v. Comm'r of Internal Revenue

United States Tax Court
Oct 28, 2022
No. 30276-21S (U.S.T.C. Oct. 28, 2022)
Case details for

Sow v. Comm'r of Internal Revenue

Case Details

Full title:ALPHA M. SOW & FATOUMATA B. DIALLO SOW, Petitioners v. COMMISSIONER OF…

Court:United States Tax Court

Date published: Oct 28, 2022

Citations

No. 30276-21S (U.S.T.C. Oct. 28, 2022)