Alber I. Said; Georgette H. Said v. Commissioner of Internal Revenue

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ALBER I. SAID; GEORGETTE H. SAID,
Petitioners-Appellants,
v.
COMMISSIONER OF INTERNAL
REVENUE,
Respondent-Appellee.
No. 20-70223
Tax Ct. No. 18597-19
MEMORANDUM*
Appeal from a Decision of the
United States Tax Court
Submitted February 17, 2021**
Before: FERNANDEZ, BYBEE and BADE, Circuit Judges.
Alber I. Said and Georgette H. Said appeal pro se from the Tax Court’s
order dismissing for lack of jurisdiction their petition regarding their tax liabilities
for the 1993 to 1995 tax years. We have jurisdiction under 26 U.S.C. § 7482(a)(1).
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
FEB 22 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 20-70223
We review de novo. Gorospe v. Comm’r, 451 F.3d 966, 968 (9th Cir. 2006). We
affirm.
The Tax Court properly concluded that it lacked jurisdiction over the Saids’
petition because the Saids did not file it within 90 days of a notice of deficiency or
30 days of a notice of determination. See 26 U.S.C. §§ 6213(a) (establishing a 90-
day requirement for appealing a notice of deficiency); 6320(c) & 6330(d)(1)
(establishing a 30-day requirement for appealing a notice of determination
concerning notices of lien or notices of intent to levy); Gorospe, 451 F.3d at 968
(the Tax Court is a court of limited jurisdiction, and its subject matter is defined by
Title 26 of the United States Code).
We reject as meritless the Saids’ contentions that the Tax Court’s final
decisions sustaining the deficiency for 1993 to 1995 were reached by fraud or
mutual mistake, and that Tax Court Rules 314 and 341 create jurisdiction for their
petition.
We do not consider matters not specifically and distinctly raised and argued
in the opening brief, or arguments and allegations raised for the first time on
appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
All pending motions and requests are denied.
AFFIRMED.

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