Joanne C. Austin - Page 11

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               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).                                                                 




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