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Papay v. Comm'r of Internal Revenue

United States Tax Court
Oct 11, 2022
No. 12043-21 (U.S.T.C. Oct. 11, 2022)

Opinion

12043-21

10-11-2022

JOSEPH L. PAPAY, DECEASED, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent


ORDER OF DISMISSAL FOR LACK OF JURISDICTION

Kathleen Kerrigan Chief Judge

On October 20, 2021, respondent filed in the above-docketed case a Motion To Dismiss for Lack of Jurisdiction, on the ground that the petition 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 Joseph L. Papay, Deceased, or his estate. The underlying petition in this deficiency case for the 2018 taxable year had been submitted on behalf of the decedent through counsel on the authority of Dennis Kebbel, successor trustee of the Joseph L. Papay Revocable Trust. Although the Court directed petitioner to file an objection, if any, to respondent's motion, and therein to advise as to fiduciary representation, nothing further has been received.

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 is granted, and this case is dismissed for lack of jurisdiction.


Summaries of

Papay v. Comm'r of Internal Revenue

United States Tax Court
Oct 11, 2022
No. 12043-21 (U.S.T.C. Oct. 11, 2022)
Case details for

Papay v. Comm'r of Internal Revenue

Case Details

Full title:JOSEPH L. PAPAY, DECEASED, Petitioner v. COMMISSIONER OF INTERNAL REVENUE…

Court:United States Tax Court

Date published: Oct 11, 2022

Citations

No. 12043-21 (U.S.T.C. Oct. 11, 2022)