- 6 - The right to question the jurisdiction of this Court cannot be waived by the actions or inactions of a party. David Dung Le, M.D., Inc. v. Commissioner, 114 T.C. 268 (2000), affd. 22 Fed. Appx. 837 (9th Cir. 2001). Consequently, respondent did not waive the right to challenge our jurisdiction over the underlying tax liability by instructing petitioner that the proper method for disputing the determination was for petitioner to file a petition with this Court. For the foregoing reasons, we conclude that this Court lacks jurisdiction over the underlying section 6672 penalty in the instant case and that respondent’s motion to dismiss must be granted.5 Petitioner, however, is not necessarily without 4(...continued) with respect to such penalty, effective on the day following the close of the 30-day period referred to in this paragraph. 5Petitioner also contends that respondent’s motion to dismiss is premature because respondent failed to notify petitioner or petitioner’s counsel before the filing of the motion pursuant to Rule 50(a), leaving petitioner with no opportunity to object to the motion. This contention lacks merit. Rule 50(a) provides: (a) Form and Content of Motion: An application to the Court for an order shall be by motion in writing, which shall state with particularity the grounds therefor and shall set forth the relief or order sought. The motion shall show that prior notice thereof has been given to each other party or counsel for each other party and shall state whether there is any objection to the motion. If a motion does not include such a statement, the Court will assume that there is an objection to the motion. (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011