- 6 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011