Opinion
22002-21S
01-24-2023
SAI SUBRAMANYAM KROVVIDI & NATASHA SODHI, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER AND ORDER OF DISMISSAL FOR LACK OF JURISDICTION.
Kathleen Kerrigan Chief Judge
On January 28, 2022, the parties filed a Joint Proposed Stipulated Decision for the Court's Consideration. By Order to Show Cause, dated February 1, 2022, the Court directed the parties to show cause why this case should not be dismissed for lack of jurisdiction on the ground that the petition was not timely filed. On February 22, 2022, respondent filed a Response to the order to show cause, asserting that the petition was untimely because it was filed on June 16, 2021, 93 days after the mailing of the notice of deficiency and the petition was mailed using FedEx Express Saver, which is not a designated delivery service as defined in I.R.C. section 7502(f). Respondent attached to the Response a copy of the Certified Mail List as evidence of the fact that the notice of deficiency was sent to petitioners by certified mail on March 15, 2021. Petitioners failed to file a response to the Court's Order to Show Cause. The record establishes that the petition was not timely filed. See I.R.C. sections 6213(a) and 7502; Hallmark Research Collective v. Commissioner, No. 21284-21, 159 T.C. (Nov. 29, 2022).
Upon due consideration, it is
ORDERED that the parties Joint Proposed Stipulated Decision, filed January 28, 2022, is hereby deemed stricken from the Court's record in this case. It is further
ORDERED that the Court's Order to Show Cause, dated February 1, 2022, is hereby made absolute. It is further
ORDERED that, on the Court's own motion, this case is dismissed for lack of jurisdiction on the ground that the petition was not timely filed as to tax year 2018.