William A. Stewart - Page 1

                                   127 T.C. No. 8                                     


                               UNITED STATES TAX COURT                                


                          WILLIAM A. STEWART, Petitioner v.                           
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      


          Docket No. 22510-05.               Filed October 3, 2006.                   


                    On Mar. 13, 2006, the Court entered an order of                   
               dismissal for lack of jurisdiction because of P’s                      
               failure to file a proper amended petition and pay the                  
               filing fee as previously ordered.  On June 8, 2006, 87                 
               days after the Court’s order was entered, P mailed a                   
               document to the Court requesting an order to vacate the                
               order of dismissal.  On June 13, 2006, 92 days after                   
               the Court’s order of dismissal was entered, the Court                  
               received and filed P’s document as a motion for leave                  
               to file motion to vacate embodying motion to vacate.                   
               The Court also received P’s amended petition and filing                
               fee on June 13, 2006.                                                  
                    Held:  Absent the filing of a notice of appeal or                 
               a motion to vacate, the Court’s order of dismissal for                 
               lack of jurisdiction would become final after the 90-                  
               day period for appeal.  See secs. 7481(a), 7483,                       
               I.R.C.; Fed. R. App. P. 13(a).  Our jurisdiction to                    







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