Paul L. Hickey and Nellida F. Hickey - Page 6

                                        - 6 -                                         
               The flush language of section 6330(d)(1) provides:  “If a              
          court determines that the appeal was to an incorrect court, a               
          person shall have 30 days after the court determination to file             
          such appeal with the correct court.”  In McCune v. Commissioner,            
          supra, we held that we lacked jurisdiction under section 6330               
          inasmuch as the taxpayer failed to file his initial petition with           
          the District Court within 30 days of the notice of determination.           
               A.  Jurisdiction With Respect to the Notices of                        
          Determination Dated July 13, 2001                                           
               Although respondent now asserts that the Court has                     
          jurisdiction to review the notices of determination dated July              
          13, 2001, jurisdiction cannot be conferred on the Court by                  
          agreement of the parties.  Dorn v. Commissioner, 119 T.C. 356               
          (2002).  A jurisdictional issue can be raised by either party or            
          the Court sua sponte at any stage of the proceedings.  Id. at               
          357; Smith v. Commissioner, 96 T.C. 10, 13-14 (1991).                       
               The record shows that petitioners timely filed their                   
          Complaint with the District Court on August 9, 2001; i.e., within           
          30 days of the notices of determination dated July 13, 2001.                
          However, the question remains whether petitioners filed their               
          petition with this Court within 30 days of the District Court’s             
          “determination” that petitioners filed their appeal with the                
          wrong court as required under the flush language of section                 
          6330(d)(1), quoted above.                                                   

Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011