Kathlyn S. Starbuck - Page 3

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          Commissioner, 127 T.C. ____ (2006).  After our Opinion was filed            
          in Billings, we issued an order directing the parties to show               
          cause why this case should not be dismissed for lack of                     
          jurisdiction.  Respondent filed a response to the Court’s order             
          agreeing that we lack jurisdiction.  Petitioner filed a response            
          to the Court’s order objecting to the dismissal of this case.               
               The Tax Court is a court of limited jurisdiction, and we may           
          exercise that jurisdiction only to the extent authorized by                 
          Congress.  Naftel v. Commissioner, 85 T.C. 527, 529 (1985).                 
          Whether this Court has jurisdiction is fundamental, and we may              
          question our jurisdiction at any time.  Smith v. Commissioner,              
          124 T.C. 36, 40 (2005) (citing Raymond v. Commissioner, 119 T.C.            
          191, 193 (2002), Neely v. Commissioner, 115 T.C. 287, 290 (2000),           
          and Romann v. Commissioner, 111 T.C. 273, 280 (1998)); Naftel v.            
          Commissioner, supra at 530.  As we have concluded that we do not            
          have jurisdiction to review the Commissioner’s denials of                   
          requests for relief under section 6015(f) where no deficiency has           
          been asserted, we shall dismiss this case for lack of                       
          jurisdiction.                                                               
               To reflect the foregoing,                                              

                                             An order of dismissal for                
                                             lack of jurisdiction will be             
                                             entered.                                 









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