David Broomfield - Page 6

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          1(e)(3)(Q&A-E8)(i), Proced. & Admin. Regs.  Section 6330(d)(1)              
          provides that a person may, within 30 days of a determination,2             
          appeal the determination to the Tax Court or, if the Tax Court              
          does not have jurisdiction over the underlying tax liability, to            
          a Federal District Court.                                                   
               The Tax Court is a court of limited jurisdiction, and we may           
          exercise our jurisdiction only to the extent authorized by                  
          Congress.  Naftel v. Commissioner, 85 T.C. 527, 529 (1985).  The            
          Court's jurisdiction under section 6330 depends on the issuance             
          of a valid notice of determination and the filing of a timely               
          petition for review.  See Sarrell v. Commissioner, 117 T.C. 122,            
          125 (2001); Offiler v. Commissioner, 114 T.C. 492, 498 (2000).              
          It follows that when a petition is not timely filed, we are                 
          obliged to dismiss the case for lack of jurisdiction.  See McCune           
          v. Commissioner, 115 T.C. 114, 118 (2000).                                  
               In his motion, respondent argues that the petition is                  
          untimely and that the Court therefore lacks jurisdiction.                   
          Petitioner maintains that his incarceration and subsequent                  
          transfers within the Wisconsin prison system prevented him from             
          receiving mail from November 14, 2002, through at least March 2,            
          2003.  Therefore, petitioner argues that he did not receive the             


               2 Sec. 301.6330-1(f)(1), Proced. & Admin. Regs., clarifies             
          that this 30-day period commences on the day after the date of              
          the notice of determination.                                                





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