Opinion
27784-21S
09-19-2022
MONTAE O'BRIEN DAVIS, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER OF DISMISSAL FOR LACK OF JURISDICTION
Kathleen Kerrigan Chief Judge.
On November 18, 2021, respondent filed a Motion to Dismiss for Lack of Jurisdiction on the ground that petitioner paid in full the income tax liability for the taxable year 2018 before the issuance of the Notice of Deficiency upon which this case is based, thereby rendering that Notice invalid. By Order served December 20, 2021, the Court directed petitioner to file an objection, if any, to the Motion to Dismiss. To date, no such objection has been filed.
There is no dispute here that the Notice of Deficiency upon which this case is based was issued after the deficiency determined therein was paid. Accordingly, we must dismiss this case for lack of jurisdiction. See Bendheim v. Commissioner, 214 F.2d 26 (2d Cir. 1954); McConkey v. Commissioner, 199 F.2d 892 (4th Cir. 1952); Estate of Crawford v. Commissioner, 46 T.C. 262 (1966); Anderson v. Commissioner, 11 T.C. 841 (1948).
Upon due consideration of the foregoing, it is
ORDERED that respondent's Motion to Dismiss for Lack of Jurisdiction is granted in that this case is dismissed for lack of jurisdiction on the ground that the Notice of Deficiency is invalid.