Opinion
14953-21
11-10-2021
Thomas Caleca Petitioner v. Commissioner of Internal Revenue Respondent
ORDER OF DISMISSAL FOR LACK OF JURISDICTION
Maurice B. Foley, Chief Judge
On May 3, 2021, the Court received from petitioner a letter, attached to which was a copy of a notice of deficiency dated March 22, 2021, issued to petitioner with respect to the 2018 taxable year. To protect petitioner's statutory time period within which to begin a case, the Court filed that letter, although not accompanied by payment of the Court's $60.00 filing fee, as a petition to commence this case at Docket No. 14953-21. On July 20, 2021, the Court issued an Order directing that payment of the filing fee for this litigation be made, or an application for waiver thereof submitted, on or before August 31, 2021. On August 30, 2021, the Court then received from petitioner a further letter indicating that petitioner apparently preferred to work administratively through the Internal Revenue Service to resolve the 2018 tax matters, rather than to continue with the instant Court proceeding. Accordingly, it appearing that petitioner does not intend to pay the filing fee to pursue this litigation as directed in the Court's Order dated July 20, 2021, it is
ORDERED that, on the Court's own motion, this case is dismissed for lack of jurisdiction.