Larry Lee Schake - Page 7




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          we must dismiss this case for lack of jurisdiction.  See McCune             
          v. Commissioner, supra.                                                     
               As a final matter, petitioner asserts that he was unable to            
          file a timely petition with the Court due to inclement weather in           
          Nebraska and that he was informed by Court personnel that he                
          would be given a grace period to file his petition.  It is well             
          settled that the Court has no authority to extend the statutory             
          period for filing a timely petition “whatever the equities of a             
          particular case may be and regardless of the cause for its not              
          being filed within the required period.”  Axe v. Commissioner, 58           
          T.C. 256, 259 (1972); see Ogden v. Commissioner, T.C. Memo. 2002-           
          15 (holding that the statutory periods in section 6330 are                  
          jurisdictional and cannot be extended); cf. Kennedy v.                      
          Commissioner, 116 T.C. 255, 262 (2001) (noting that the                     
          Commissioner may not waive the time restrictions imposed by                 
          section 6330).  Further, petitioner has made no showing                     
          whatsoever, nor does the record suggest, that the filing deadline           
          for his petition was postponed by reason of a presidentially-               
          declared disaster related to inclement weather.  See sec. 7508A             
          and sec. 301.7508A-1, Proced. & Admin. Regs., regarding the                 
          Commissioner’s authority to postpone certain deadlines by reason            
          of presidentially declared disasters or terroristic or military             
          actions.                                                                    








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