Opinion
6916-22
08-14-2023
THOMAS A. CASCIANO & TAMMY CASCIANO, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER OF DISMISSAL FOR LACK OF JURISDICTION
Kathleen Kerrigan, Chief Judge.
On May 18, 2022, respondent filed a Motion to Dismiss for Lack of Jurisdiction on the ground the Petition was not filed within the time prescribed by the Internal Revenue Code (I.R.C.). Although the Court directed petitioners to file an objection, if any, to respondent's Motion to Dismiss, petitioners failed to do so. The record establishes that the Petition was not timely filed. See I.R.C. §§ 6213(a) and 7502; Organic Cannabis Found., LLC v. Commissioner, 962 F.3d 1082 (9th Cir. 2020); Hallmark Rsch. Collective v. Commissioner, No. 21284-21, 159 T.C. (Nov. 29, 2022).
Upon due consideration, it is
ORDERED that respondent's Motion to Dismiss for Lack of Jurisdiction is granted, and this case is dismissed for lack of jurisdiction.