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Sharp v. Comm'r of Internal Revenue

United States Tax Court
May 19, 2023
No. 23221-22 (U.S.T.C. May. 19, 2023)

Opinion

23221-22

05-19-2023

ANTHONY A. SHARP, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent


ORDER OF DISMISSAL FOR LACK OF JURISDICTION

Kathleen Kerrigan, Chief Judge.

No notice sufficient to confer jurisdiction upon the Court was attached to the petition filed to commence this case, or to any of petitioner's subsequent filings. Respondent seeks to dismiss the case on the ground that no notice sufficient to confer jurisdiction upon the Court was issued to petitioner.

The Tax Court is a court of limited jurisdiction. The Court does not have jurisdiction to hear cases regarding the stimulus payments sought by petitioner, civil rights complaints, or motions for monetary or punitive damages. We may exercise jurisdiction only to the extent expressly provided by statute. Naftel v. Commissioner, 85 T.C. 527, 529 (1985). In addition, jurisdiction must be proven affirmatively, and a taxpayer invoking our jurisdiction bears the burden of proving that we have jurisdiction over the taxpayer's case. See Fehrs v. Commissioner, 65 T.C. 346, 348 (1975); Wheeler's Peachtree Pharmacy, Inc. v. Commissioner, 35 T.C. 177, 180 (1960). Nothing in this record suggests that we have jurisdiction, and accordingly, it is

ORDERED that respondent's motion to dismiss, filed January 24, 2023, is granted, and this case is dismissed for lack of jurisdiction.


Summaries of

Sharp v. Comm'r of Internal Revenue

United States Tax Court
May 19, 2023
No. 23221-22 (U.S.T.C. May. 19, 2023)
Case details for

Sharp v. Comm'r of Internal Revenue

Case Details

Full title:ANTHONY A. SHARP, Petitioner v. COMMISSIONER OF INTERNAL REVENUE…

Court:United States Tax Court

Date published: May 19, 2023

Citations

No. 23221-22 (U.S.T.C. May. 19, 2023)