Genevieve Walker v. Commissioner of IRS
Opinion
Affirmed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
Genevieve Marie Walker appeals from the tax court’s order dismissing the petition filed in her name, which challenged the Commissioner’s Notice of Determination Concerning Collection Action issued to Walker. Observing that the petition had not been signed by Walker, the tax court ordered that either Walker affirm the peti *294 tion or Michelle Jan Walker-Cook, the individual who signed the petition on Walker’s behalf, submit a motion to prosecute the petition as Walker’s “next friend.” When, after repeated warnings, neither Walker nor Walker-Cook complied with the tax court’s order, the court dismissed the petition because it had not been filed by an authorized person.
Walker now requests that we overturn the tax court’s decision. We decline to do so. Tax Court Rule 123(b) permits the court to dismiss a case “[f]or failure of a petitioner properly to prosecute or to comply with these Rules or any order of the Court.” Id. “The Tax Court’s decision to dismiss a case for lack of prosecution is not to be overturned, absent an abuse of discretion.” Bauer v. Commissioner, 97 F.3d 45, 48 (4th Cir. 1996); see Daccarett-Ghia v. Commissioner, 70 F.3d 621, 625-26 (D.C.Cir. 1995) (standard of review). We discern no abuse of the tax court’s discretion in dismissing the petition, and we accordingly affirm. We deny each of Walker’s pending motions. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED.
Reference
- Full Case Name
- Genevieve Marie WALKER, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee
- Status
- Unpublished