U.S. Court of Appeals for the Ninth Circuit, 2009

Ballard v. Commissioner

Ballard v. Commissioner
U.S. Court of Appeals for the Ninth Circuit · Decided January 26, 2009 · Bybee, Callahan, Scannlain
310 F. App'x 177

Ballard v. Commissioner

Opinion of the Court

MEMORANDUM **

John Ballard 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.

The tax court properly concluded that it lacked jurisdiction because Ballard was *178never 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).

Ballard’s remaining contentions are unpersuasive.

AFFIRMED.

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.