Opinion
26415-21
01-05-2022
Melissa M. Chan, Petitioner v. Commissioner of Internal Revenue Respondent
ORDER
Maurice B. Foley Chief Judge
It has come to the Court's attention that the Petition filed to commence this case served on October 18, 2021, was not properly executed in that it did not bear the original signature of petitioner or of a practitioner admitted and recognized to practice before the Tax Court, as required by the Tax Court Rules of Practice and Procedure. Rather, it appears that petitioner's non-attorney representative who is not admitted to practice before this Court signed the petition on petitioner's behalf. The United States Tax Court, which is separate and independent from the IRS, has certain requirements that must be met before an individual can be recognized as representing petitioners before the Court. The Court has prepared Q&A's on the subject "Representing a Taxpayer Before the U.S. Tax Court. A copy of these Q&A's are attached to this order. The Court also encourages practitioners and non-attorneys seeking admission to practice before the Court to consult "Guidance for Practitioners" on the Court's website at www.ustaxcourt.gov/practitioners.html. At this juncture, Andrew M. Park will not be associated with this case and we encourage petitioner's representative to review the Court's admissions requirements.
Therefore, in order for this Court potentially to acquire jurisdiction to consider this case, it is necessary to obtain a Ratification of Petition bearing petitioner's original signature and ratifying the petition previously filed. Upon due consideration and for cause, it is
ORDERED that the time within which petitioner shall file an amended petition, is extended to February 11, 2022. The Amended Petition must be filed in PAPER FORM (NOT ELECTRONICALLY), bearing the original signature of petitioner. If the Amended Petition is not received by that date, the Court may dismiss this case for lack of jurisdiction. It is further
ORDERED that the time within which petitioner shall pay the Court's $60.00 filing fee (or submit an Application for Waiver of Filing Fee form, which is available under the "eFiling & Case Maintenance" tab on theCourt's website, www.ustaxcourt.gov), is extended to February 11, 2022. If the filing fee (or proper application for waiver) is not received by that date, the Court may dismiss this case for lack of jurisdiction. It is further
ORDERED that the Clerk of the Court is directed to attach to this Order a form that petitioner may use to comply with this Order. It is further
ORDERED that, in addition to regular service, the Clerk of the Court shall serve a copy of this Order on Andrew M. Park at the address which is listed for him in the petition.