- 8 - dismissal for lack of jurisdiction becomes final. Stewart v. Commissioner, supra at ___ (slip op. at 6-8); see Haley v. Commissioner, 805 F. Supp. 834, 836 (E.D. Cal. 1992), affd. without published opinion 5 F.3d 536 (9th Cir. 1993).5 If the Court does not have jurisdiction to grant the motion for leave, then the motion to vacate could not be filed. Nordvik v. Commissioner, supra at 1492; Stewart v. Commissioner, supra at ___ (slip op. at 15). The Court entered the order of dismissal on December 21, 2005, and petitioner did not file a notice of appeal within the time prescribed by section 7483. Had petitioner mailed his motion for leave in an envelope postmarked on or before March 21, 2006, we would have had jurisdiction to consider whether to grant his motion for leave and allow petitioner to file his motion to vacate. See Stewart v. Commissioner, supra. However, petitioner did not mail the motion for leave until April 26, 2006, 126 days after the Court entered the order of dismissal. The motion for leave was mailed and filed well after the period for appeal expired and the order of dismissal for lack of jurisdiction had become final. Therefore, we lack jurisdiction to consider 5 In Nordvik v. Commissioner, 67 F.3d 1489, 1492 n.2 (9th Cir. 1995), affg. T.C. Memo. 1992-731, the Court of Appeals for the Ninth Circuit expressly adopted the reasoning of the District Court in Haley v. Commissioner, 805 F. Supp. 834 (E.D. Cal. 1992), affd. without published opinion 5 F.3d 536 (9th Cir. 1993).Page: Previous 1 2 3 4 5 6 7 8 9 Next
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