- 6 - jurisdiction over the underlying tax liability. This Court’s jurisdiction pursuant to section 6330(d)(1), therefore, depends upon a notice of determination, a timely request for review, and jurisdiction over the underlying tax liability. See Moorhous v. Commissioner, 116 T.C. 263, 269 (2001); Offiler v. Commissioner, 114 T.C. 492, 498 (2000). The flush language of section 6330(d)(1) provides that “If a court determines that the appeal was to an incorrect court, a person shall have 30 days after the court determination to file such appeal with the correct court.” (Emphasis added.) In the case before us, no court has made such a determination. The District Court, sua sponte, dismissed without prejudice petitioner’s complaint because of petitioner’s failure to serve the defendant. This was not a “court [determination] that the appeal was to an incorrect court”. The consequence is that petitioner’s appeal to this Court was made far beyond the expiration of the 30-day period provided for in section 6330(d)(1) and is therefore untimely by a wide margin, since the petition was not mailed until December 16, 2004. The 30-day period for timely filing a petition with this Court began on October 23, 2003, the date of the year 2000 determination letter, and expired on November 24, 2003. Since the petition was untimely, we lack jurisdiction to consider petitioner’s appeal. This is true notwithstanding the fact that the petition was mailed within 30 days from the date of the District Court’s orderPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011