Opinion
17303-22S
10-13-2022
VANESSA DEBORAH BLACK & BOBBY L. PEIRSOL, DECEASED, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Kathleen Kerrigan, Chief Judge.
On October 7, 2022, respondent filed in the above-docketed case a Motion To Dismiss for Lack of Jurisdiction as to Bobby L. Peirsol, Deceased, and To Change Caption, on the ground that the petition as to Bobby L. Peirsol, Deceased, was not executed or filed by a fiduciary or personal representative duly appointed by a court of competent jurisdiction and legally entitled to institute a case on behalf of Bobby L. Peirsol, Deceased, or his estate. In the motion, respondent indicated that Vanessa Deborah Black has no objection to the granting thereof.
The burden of proving that the Court has jurisdiction is on the taxpayer, and unless the petition is filed by the taxpayer or someone lawfully authorized to act on his or her behalf, the Court lacks jurisdiction. Fehrs v. Commissioner, 65 T.C. 346, 348 (1975).
The premises considered, it is
ORDERED that respondent's Motion To Dismiss For Lack of Jurisdiction as to Bobby L. Peirsol, Deceased, and To Change Caption is granted, and this case is dismissed for lack of jurisdiction as to Bobby L. Peirsol, Deceased. It is further
ORDERED that the caption of this case is amended to read "Vanessa Deborah Black, Petitioner v. Commissioner of Internal Revenue, Respondent".