Myers v. Commissioner, No. 18-1003 (D.C. Cir. 2019)Annotate this Case
26 U.S.C. 7623(b)(4) does not contain a "clear statement" that timely filing is a jurisdictional prerequisite to the tax court's hearing the whistleblower's case. In this case, the Irwin presumption has not been rebutted and the filing period in section 7623(b)(4) is subject to equitable tolling.
After the IRS denied appellant's application for a whistleblower award, he sought relief from the tax court. The tax court found that his petition was untimely and dismissed it for lack of jurisdiction. Determining that it had jurisdiction, the DC Circuit reversed and remanded for further proceedings because, although the petition was untimely, the filing period was not jurisdictional and was subject to equitable tolling.