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Martin v. Comm'r of Internal Revenue

United States Tax Court
Jun 12, 2023
No. 5394-23 (U.S.T.C. Jun. 12, 2023)

Opinion

5394-23

06-12-2023

EMILEE MARTIN & RICHARD MARTIN, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent


ORDER OF DISMISSAL FOR LACK OF JURISDICTION

Kathleen Kerrigan Chief Judge

By Order to Show Cause served April 19, 2023, the Court directed each party to show cause in writing why this deficiency case should not be dismissed for lack of jurisdiction on the ground that the Petition was not filed within the time prescribed by the Internal Revenue Code. On May 9, 2023, respondent filed a Response and a Motion to Dismiss for Lack of Jurisdiction. To date, petitioners have failed to respond to the Order to Show Cause, despite being warned that such a failure could result in the dismissal of this case. The record in this case shows that the Petition was not timely filed. See I.R.C. §§ 6213(a), 7502; Hallmark Research Collective v. Commissioner, No. 21284-21, 159 T.C. (Nov. 29, 2022).

In consideration of the foregoing, it is

ORDERED that the Court's Order to Show Cause is hereby made absolute. It is further

ORDERED that, on the Court's own motion, this case is dismissed for lack of jurisdiction. It is further

ORDERED that respondent's Motion to Dismiss for Lack of Jurisdiction is denied as moot.


Summaries of

Martin v. Comm'r of Internal Revenue

United States Tax Court
Jun 12, 2023
No. 5394-23 (U.S.T.C. Jun. 12, 2023)
Case details for

Martin v. Comm'r of Internal Revenue

Case Details

Full title:EMILEE MARTIN & RICHARD MARTIN, Petitioners v. COMMISSIONER OF INTERNAL…

Court:United States Tax Court

Date published: Jun 12, 2023

Citations

No. 5394-23 (U.S.T.C. Jun. 12, 2023)