United States v. Donald Stewart

United States Court of Appeals
For the Eighth Circuit
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No. 18-3560
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Doyle Dennis Smith
lllllllllllllllllllllPetitioner
v.
Commissioner of Internal Revenue
lllllllllllllllllllllRespondent
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Appeal from The United States Tax Court
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Submitted: August 28, 2019
Filed: September 4, 2019
[Unpublished]
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Before BENTON, SHEPHERD, and KELLY, Circuit Judges.
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PER CURIAM.
Doyle Smith appeals the tax court’s dismissal of his petition after he failed to1
pay the filing fee. Following careful review, we conclude that the tax court did not
err in dismissing Smith’s petition. See Tax Ct. Rule 20(d) (fee of $60 shall be paid
The Honorable Maurice B. Foley, Chief Judge, United States Tax Court.1

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at time petition is filed; fee may be waived if petitioner shows inability to pay); Tax
Ct. Rule 123(b) (tax court may dismiss case for petitioner’s failure to prosecute or
failure to comply with Tax Court Rules); Long v. Comm’r, 742 F.2d 1141, 1143 (8th
Cir. 1984) (per curiam) (affirming dismissal under Rule 123(b)). Accordingly, we
affirm. See 8th Cir. R. 47B.
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