MILLER v. USA

Filing 18

Order Dismissing Complaint The Clerk is directed to enter judgment. Signed by Senior Judge Robert H. Hodges, Jr. U.S. Certified Mail Receipt Tracking #7017 1450 0000 1346 1079(vds) Copy to parties.

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O of jfeberal Qelaint5 RIGINAL Qeourt Wniteb ~tate:S No. 17-313 T Filed: November 8, 2017 KAREN YVETTE MILLER, FILED Plaintiff, NOV - 8 2017 U.S. COURT OF FEDERAL CLAIMS v. UNITED STATES OF AMERICA, Defendant. ORDER DISMISSING COMPLAINT In accordance with I.R.C. § 7422(e), the court stayed consideration of this case so that plaintiff may file a petition with the Tax Court regarding asserted deficiencies for taxable years 2014, 2015, and 2016. By a Notice filed on October 31, 2017 in this case, defendant apprised the court that (1) plaintiff filed a petition with the United States Tax Court on September 7, 2017, and (2) the Commissioner of the Tax Court filed his answer on October 7, 2017, not disputing that the Tax Court has jurisdiction to redetermine plaintiffs income tax liabilities for 2014, 2015 and 2016. The Tax Court now has jurisdiction over plaintiffs petition pursuant to§ 7422(e), and we must relinquish our jurisdiction. Accordingly, the Clerk of Court will DISMISS plaintiffs Complaint without prejudice. IT IS SO ORDERED. RCL~ Senior Judge 7017 1450 DODD 1346 1079

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