- 2 - deficiency and penalties in petitioner’s corporate income tax for 1997. Respondent moves to dismiss the case for lack of jurisdiction on the ground that no proper person has petitioned this Court on petitioner’s behalf. The petition alleges that petitioner is “an involuntarily dissolved Florida Professional Corporation” and that Lloyd T. Asbury is “an indigent former Florida attorney presently incarcerated in the Florida State Prison System”. The petition also alleges that Mr. Asbury “was the only director and shareholder of Petitioner during its corporate existence.” Mr. Asbury signed the petition without a title or any indication that he signed on petitioner’s behalf. Respondent moves to dismiss this case for lack of jurisdiction and has yet to answer the petition. We reject petitioner’s assertion that respondent was required to file the subject motion within the time specified by Rule 36(a) of the Tax Court Rules of Practice and Procedure (hereinafter all Rule references are to the Tax Court Rules of Practice and Procedure). Respondent’s motion to dismiss can be made at any time because it goes to the jurisdiction of the Court. See, e.g., David Dung Le, M.D., Inc. v. Commissioner, 114 T.C. 268, 269 (2000), affd. 22 Fed. Appx.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