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310 F. App'x 179

Van Wyke v. Commissioner

U.S. Courts of Appeals

Decided January 26, 2009

U.S. Courts of Appeals · decided 2009-01-26

Applies 26 U.S.C. § 6213 · 26 U.S.C. § 7482

Relies on Abrams v. Commissioner

Decided 2009-01-26

¶1MEMORANDUM …

¶2Jerrald Van Wyke appeals pro se from the tax court’s order dismissing the action for lack of subject matter jurisdiction. We have jurisdiction under 26 U.S.C. § 7482(a)(1). We review de novo. Abrams v. Comm’r, 814 F.2d 1356, 1357 (9th Cir.1987) (per curiam). We affirm.

¶3The tax court properly concluded that it lacked jurisdiction because Van Wyke was never issued a Notice of Deficiency or a Notice of Determination. See 26 U.S.C. §§ 6213(a), 6330(d); Abrams, 814 F.2d at 1357 (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).

¶4Van Wyke’s remaining contentions are unpersuasive.

¶5AFFIRMED.

¶6 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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