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Diva Aesthetics Med. Grp. v. Comm'r of Internal Revenue

United States Tax Court
Feb 2, 2024
No. 26936-13 (U.S.T.C. Feb. 2, 2024)

Opinion

26936-13

02-02-2024

DIVA AESTHETICS MEDICAL GROUP, INC., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent


ORDER OF DISMISSAL FOR LACK OF JURISDICTION

TAMARA W. ASHFORD JUDGE.

On January 19, 2024, respondent filed an unopposed Motion to Dismiss for Lack of Jurisdiction, on the ground that petitioner did not have legal capacity to prosecute this case at the time the Petition was filed with the Court. In his motion, respondent states that petitioner was a California corporation formed on April 15, 2003, but on October 1, 2008, it was suspended by California at the time of the Petition's filing and the suspension remains in effect as of the date of this motion.

As this Court has previously ruled, a California corporation which is under suspension is barred by law from commencing a lawsuit. See John C. Hom & Assocs., Inc. v. Commissioner, 140 T.C. 210, 215 (2013); David Dung Le, M.D., Inc. v. Commissioner, 114 T.C. 268, 276 (2000), aff'd without published opinion, 22 Fed.Appx. 837 (9th Cir. 2001).

Premises considered, it is hereby

ORDERED that respondent's Motion to Dismiss for Lack of Jurisdiction, filed January 19, 2024, is granted, and this case is dismissed for lack of jurisdiction.


Summaries of

Diva Aesthetics Med. Grp. v. Comm'r of Internal Revenue

United States Tax Court
Feb 2, 2024
No. 26936-13 (U.S.T.C. Feb. 2, 2024)
Case details for

Diva Aesthetics Med. Grp. v. Comm'r of Internal Revenue

Case Details

Full title:DIVA AESTHETICS MEDICAL GROUP, INC., Petitioner, v. COMMISSIONER OF…

Court:United States Tax Court

Date published: Feb 2, 2024

Citations

No. 26936-13 (U.S.T.C. Feb. 2, 2024)