Opinion
9923-22
02-28-2023
RICHARD BUTTAFOCO & ANGELA BUTTAFOCO, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER OF DISMISSAL FOR LACK OF JURISDICTION
Kathleen Kerrigan, Chief Judge
On April 25, 2022, correspondence from or on behalf of petitioners, not accompanied by payment of the Court's filing fee, was filed as a petition to commence the above-docketed case. By Order served May 11, 2021, the Court directed petitioners to file an Amended Petition and to pay the Court's $60.00 filing fee or submit an Application for Waiver of Filing Fee for consideration. No response to the Court's Order was received. Hence, by Order of Dismissal for Lack of Jurisdiction entered September 7, 2022, this case was dismissed for petitioners' failure to pay the filing fee as directed by the Court.
Subsequently, on September 20, 2022, the Court received from petitioners payment of the Court's $60.00 filing fee. At that juncture, the Court on September 20, 2022, vacated the Order of Dismissal for Lack of Jurisdiction, reopened the case, and gave petitioner a further opportunity, on or before October 18, 2022, to file an Amended Petition bearing both petitioners' original signatures. That Order also warned petitioner that if the Amended Petition is not received by that date, the Court might AGAIN dismiss this case for lack of jurisdiction. However, no Amended Petition has been received, despite two additional extensions of time to November 28, 2022, and January 27, 2023.
Accordingly, the premises considered, it is
ORDERED that, on the Court's own motion, this case is dismissed for lack of jurisdiction on the ground that petitioners failed to file a proper Amended Petition.