Glen A. Finnell - Page 4

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          of a final determination letter, and that equitable                         
          considerations do not allow us to extend this time period.  Thus,           
          if petitioner did not file his petition with the Court within               
          this 91-day period, we must dismiss this case for lack of                   
          jurisdiction.                                                               
               We filed petitioner's petition 105 days after respondent               
          mailed him a copy of the final determination letter that was                
          issued to the Company on the same day.  Petitioner argues,                  
          however, that he mailed a "petition" to the Internal Revenue                
          Service within the 91-day period, and that his "petition"                   
          qualifies as a petition to this Court.  Petitioner's argument               
          must fail.  The United States Tax Court is a Federal tribunal               
          that is separate, apart, and independent from the Internal                  
          Revenue Service.  As we have held repeatedly, the mere fact that            
          a taxpayer such as petitioner may have sent written notification            
          to the Internal Revenue Service of his intent to petition the               
          Court for relief does not mean that he has filed a petition with            
          us to effectuate his intent.  See, e.g., Cassell v. Commissioner,           
          72 T.C. 313 (1979); Axe v. Commissioner, 58 T.C. 256 (1972);                
          Matteson Co. v. Commissioner, 1 B.T.A. 905 (1925); see also                 
          O'Connor v. Commissioner, T.C. Memo. 1994-16; Zee v.                        
          Commissioner, T.C. Memo. 1987-83; Hinman v. Commissioner, T.C.              
          Memo. 1978-133; Garland v. Commissioner, T.C. Memo. 1971-79.                







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