Судебные дела / Зарубежная практика / Perry Tschida, Appellant, v. Commissioner of Internal Revenue, Appellee. United States Court of Appeals FOR THE EIGHTH CIRCUIT
No. 02-3861, March 10, 2003
Perry Tschida, Appellant, v. Commissioner of Internal Revenue, Appellee. United States Court of Appeals FOR THE EIGHTH CIRCUIT
No. 02-3861, March 10, 2003
Perry Tschida, Appellant, v. Commissioner of Internal Revenue, Appellee.
United States Court of Appeals FOR THE EIGHTH CIRCUIT
No. 02-3861
March 10, 2003
Appeal from the United StatesTax Court
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Submitted: February 19, 2003
Filed: March 10, 2003
Before McMILLIAN, MELLOY, and SMITH, Circuit Judges.
PER CURIAM.
Perry Tschida appeals the tax court's 1 dismissal of his amended petition for a lien or levy action under I.R.C. ╖ 6320(c) or ╖ 6330(d). Our de novo review persuades us that Tschida's petition was untimely filed. See I.R.C. ╖╖ 6330(d)(1), 7502; Bueford v. Resolution Trust Corp. , 991 F.2d 481, 484 (8th Cir. 1993) (standard of review). Because the untimely filing deprived the tax court of jurisdiction, and because the court may consider its jurisdiction on its own motion, we conclude that the tax court properly dismissed the petition. See Commissioner v. McCoy , 484 U.S. 3, 7 (1987) (per curiam); Bueford , 991 F.2d at 485; Raymond v. Commissioner , No 2354-01L, 2002 U.S. Tax Ct. LEXIS 48 at *5 & n.3 (T. C. Oct. 22, 2002).
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1 The Honorable Thomas B. Wells, Chief Judge of the United States Tax Court.
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Accordingly, we affirm.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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