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Its About Time Antiques, Inc. v. Comm'r of Internal Revenue

United States Tax Court
Oct 3, 2022
No. 8890-22 (U.S.T.C. Oct. 3, 2022)

Opinion

8890-22

10-03-2022

ITS ABOUT TIME ANTIQUES, INC., Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent


ORDER OF DISMISSAL FOR LACK OF JURISDICTION

KATHLEEN KERRIGAN CHIEF JUDGE

On June 3, 2022, respondent filed in the above-docketed case a 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. The motion explained, and attached supporting documentation, that petitioner's powers, rights and privileges were suspended in California at the time of filing. Although the Court directed petitioner to file an objection, if any, to respondent's motion, nothing further has been received

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).

The premises considered, it is

ORDERED that respondent's Motion To Dismiss for Lack of Jurisdiction is granted, and this case is dismissed for lack of jurisdiction.


Summaries of

Its About Time Antiques, Inc. v. Comm'r of Internal Revenue

United States Tax Court
Oct 3, 2022
No. 8890-22 (U.S.T.C. Oct. 3, 2022)
Case details for

Its About Time Antiques, Inc. v. Comm'r of Internal Revenue

Case Details

Full title:ITS ABOUT TIME ANTIQUES, INC., Petitioner v. COMMISSIONER OF INTERNAL…

Court:United States Tax Court

Date published: Oct 3, 2022

Citations

No. 8890-22 (U.S.T.C. Oct. 3, 2022)