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Titus v. C.I.R

United States Court of Appeals, Tenth Circuit
Dec 1, 2009
354 F. App'x 335 (10th Cir. 2009)

Opinion

No. 09-9003.

December 1, 2009.

Louis T. Titus, Jemez Springs, NM, pro se.

Steven W. Parks, Kenneth W. Rosenberg, U.S. Department of Justice, Clarissa C. Potter, Internal Revenue Service, Washington, DC, for Respondent-Appellee.

Before HARTZ, SEYMOUR, and ANDERSON, Circuit Judges.


ORDER AND JUDGMENT

This order and judgment is not binding precedent except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed.R.App.P. 32.1 and 10th Cir. R. 32.1.


After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed.R.App.P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.

Louis T. Titus, proceeding pro se, appeals the Tax Court's order denying his motion to vacate a prior order of dismissal by the Court for lack of subject matter jurisdiction. We affirm.

The Tax Court properly concluded that it lacked jurisdiction because Mr. Titus was never issued a Notice of Deficiency or a Notice of Determination. See 26 U.S.C. §§ 6213, 6330; Abrams v. Comm'r, 814 F.2d 1356, 1357 (9th Cir. 1987) (per-curiam) (holding that a pre-filing notification letter from the Internal Revenue Service was not a Notice of Deficiency and therefore, the Tax Court had no jurisdiction over the taxpayer's petition); see also Tuka v. Comm'r, 348 Fed.Appx. 819, 820 (3d Cir. 2009) (unpublished) ("[T]he lock-in letter . . . does not constitute a notice of determination."); Davis v. Comm'r, T.C. Memo. 2008-238, 2008 WL 4703706, at *7 (2008) ("[A]lock-in letter is not a levy.").

We have examined all of Mr. Titus's arguments and find them unpersuasive.

AFFIRMED.


Summaries of

Titus v. C.I.R

United States Court of Appeals, Tenth Circuit
Dec 1, 2009
354 F. App'x 335 (10th Cir. 2009)
Case details for

Titus v. C.I.R

Case Details

Full title:Louis T. TITUS, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE…

Court:United States Court of Appeals, Tenth Circuit

Date published: Dec 1, 2009

Citations

354 F. App'x 335 (10th Cir. 2009)

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