Legal Opinion

Tuka v. Commissioner

Court of Appeals for the Third Circuit

Decided October 9, 2009No. 09-1598Published

1Opinion of the Court

OPINION

2Per curiam

Appellant Thomas Tuka, proceeding pro se, appeals the order of the Tax Court dismissing his petition for lack of jurisdiction. For the following reasons, we will affirm.

The parties’ underlying dispute stems from the issuance by the IRS of a “lock-in” letter to Tuka and his employer in 2006. By way of background, under the Withholding Compliance Program, the IRS reviews taxpayers’ claimed withholding allowances to see if excessive or improper allowances are being claimed. If an insufficient sum is being withheld, the IRS notifies the taxpayer’s employer — via “lock-in letter” — to begin…

3Cases cited4 opinions

  1. Commissioner v. McCoySupreme Court of the United States · 1987
  2. Boyd v. Commissioner of IRSCourt of Appeals for the First Circuit · 2006
  3. Davis v. Comm'rUnited States Tax Court · 2008
  4. Ballard v. Comm'rUnited States Tax Court · 2007

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