Legal Opinion

Cooper v. Comm'r

United States Tax Court

Decided July 8, 2010No. Docket Nos. 24178-09W, 24179-09WPublishedCited by 57 opinions

P filed two claims for a whistleblower award with R under sec. 7623(b)(4), I.R.C. R sent a letter to P denying the claims because an award determination could not be made under sec. 7623(b), I.R.C. P subsequently filed petitions in this Court seeking review of R's denial of the whistleblower claims.

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P filed two claims for a whistleblower award with R under sec. 7623(b)(4), I.R.C. R sent a letter to P denying the claims because an award determination could not be made under sec. 7623(b), I.R.C. P subsequently filed petitions in this Court seeking review of R's denial of the whistleblower claims. R filed motions to dismiss these cases for lack of jurisdiction on the ground that no determination notice under sec. 7623(b), I.R.C., was sent to P, to which P objected that the letter R sent was a valid determination notice. Held: R's letter was a determination conferring jurisdiction on this…

1Opinion of the Court

OPINION

Kroupa, Judge:

These cases are before the Court on respondent’s motions to dismiss for lack of jurisdiction. We decide for the first time whether a letter sent by respondent to petitioner denying petitioner’s whistleblower claims constitutes a “determination” within the meaning of section 7623(b)(4)1 that would confer on us jurisdiction to review denial of the claims. We find that the letter was a determination and that we therefore have jurisdiction.

Background

The following information is stated for purposes of resolving the pending motions. At the time of filing the petitions,…

2Cases cited10 opinions

  1. Naftel v. CommissionerUnited States Tax Court · 1985
  2. Craig v. Comm'rUnited States Tax Court · 2002
  3. Pyo v. CommissionerUnited States Tax Court · 1984
  4. Offiler v. CommissionerUnited States Tax Court · 2000
  5. Kluger v. CommissionerUnited States Tax Court · 1984

5 more not listed; retrieve them via the Exa API.

3Cited by57 opinions

  1. Gray v. CommissionerUnited States Tax Court · 2012
  2. Kasper v. CommissionerUnited States Tax Court · 2011
  3. Cooper v. Comm'rUnited States Tax Court · 2011
  4. Cohen v. CommissionerUnited States Tax Court · 2012
  5. Whistleblower 14106-10W v. CommissionerUnited States Tax Court · 2011

52 more not listed; retrieve them via the Exa API.

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