- 11 - Under these circumstances, we conclude that the petition was not filed within the requisite period prescribed by section 6213(a). Consequently, this case must be dismissed for lack of jurisdiction.8 To reflect the foregoing, An order granting respondent’s motion as supplemented and dismissing this case for lack of jurisdiction because of an untimely filed petition will be entered. 8 Although petitioner cannot pursue her case in this Court, she is not without a judicial remedy. Specifically, petitioner may pay the tax, file a claim for refund with the Internal Revenue Service, and, if her claim is denied, sue for a refund in the appropriate Federal District Court or the U.S. Court of Federal Claims. See McCormick v. Commissioner, 55 T.C. 138, 142 n.5 (1970).Page: Previous 1 2 3 4 5 6 7 8 9 10 11
Last modified: May 25, 2011