Opinion
2968-23S
03-14-2023
MIGUEL ANGEL SOTO URDANETA & LAURIBETH DE LA TORRE, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Kathleen Kerrigan Chief Judge
On March 9, 2023, the petition commencing this case was electronically filed. When a petition is electronically filed with the Court, the combination of the username and password of the individual efiling the petition serves as the signature of that individual. See the DAWSON User Guides on the Court's website, www.ustaxcourt.gov. The petition in this case was electronically filed using an email address belonging to eric@taxhelp.io and thus the petition is treated as having been signed by that individual. Upon review of the entire record it appears that the email address is not associated with the petitioners. It is well settled that, unless the petition is filed by the taxpayer or an individual who is lawfully authorized to act on the taxpayer's behalf, we are without jurisdiction. See Fehrs v. Commissioner, 65 T.C. 346, 348-349 (1975). The Tax Court, unlike the Internal Revenue Service, does not recognize powers of attorney. At this juncture, the referenced email will not be associated with this case and the email address used to electronically file the petition will be deleted from the record in this case.
The petition bore actual signatures of petitioners. Insofar as the Court's procedures require all petitions to bear original signatures of the taxpayers provided at minimum to the filing party actual image of their original signatures and so maintained by the filing party, petitioners' intention to file and prosecute this case in this forum has been adequately verified.
The Court has prepared Q&As on the subject "Representing a Taxpayer Before the U.S. Tax Court. A copy of these Q&As are attached to this Order. The Court 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. Petitioners are advised that they may represent themselves or seek representation by an individual who is admitted to practice before this Court. An individual admitted to practice before the Court will have an assigned Tax Court Bar number.
Upon due consideration and for cause, it is ORDERED that the Clerk of the Court shall change petitioners' service preference from "electronic" to "paper." It is further
ORDERED that the Clerk of the Court is directed to attach to the copy of this Order the Court's Q&As on the subject "Representing a Taxpayer Before the U.S. Tax Court".
The Court encourages all litigants to register for DAWSON (Docket Access Within a Secure Online Network),the U.S. Tax Court's electronic filing and case management system. By registering, litigants may electronically file and view documents in their Tax Court case. If you currently file in paper or receive paper service from the Court, petitioner and not power of attorneys must register for DAWSON by sending an email request to dawson.support@ustaxcourt.gov.