Legal Opinion

Ballantine v. Commissioner

United States Tax Court

Decided June 4, 1980No. Docket No. 12102-77Published

Rules 36 and 53, Tax Court Rules of Practice and Procedure. -- Respondent mailed a motion to strike to the Tax Court 45 days after a copy of the petition was served on him. On the same day, he also mailed to the former address of petitioners' counsel a copy of the motion filed with the Court, which was returned by the post office.

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Rules 36 and 53, Tax Court Rules of Practice and Procedure. -- Respondent mailed a motion to strike to the Tax Court 45 days after a copy of the petition was served on him. On the same day, he also mailed to the former address of petitioners' counsel a copy of the motion filed with the Court, which was returned by the post office. Almost immediately after its return to his office, respondent remailed a copy of his motion with amended certificate of service to petitioners' counsel at his correct address. Held: Despite the inconsequential delay in serving a copy of the motion upon petitioners'…

1Opinion of the Court

Inez V. Ballantine, et al., 1 Petitioners v. Commissioner of Internal Revenue, Respondent

Ballantine v. Commissioner

Docket No. 12102-77

United States Tax Court

74 T.C. 516; 1980 U.S. Tax Ct. LEXIS 119;

June 4, 1980, Filed

Rules 36 and 53, Tax Court Rules of Practice and Procedure. -- Respondent mailed a motion to strike to the Tax Court 45 days after a copy of the petition was served on him. On the same day, he also mailed to the former address of petitioners' counsel a copy of the motion filed with the Court, which was returned by the post office. Almost immediately after its return to his…

2Cases cited18 opinions

  1. Helvering v. TaylorSupreme Court of the United States · 1935
  2. Key Buick Co. v. CommissionerUnited States Tax Court · 1977
  3. Key Buick Company v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1980
  4. Kolom v. Comm'rUnited States Tax Court · 1978
  5. Collins v. CommissionerUnited States Tax Court · 1974

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