56 F. App'x 362

Marko PORTER, Plaintiff — Appellant, v. UNITED STATES of America, Defendant — Appellee.

No. 02-15977.

D.C. No. CV-01-01080-RGS.

United States Court of Appeals, Ninth Circuit.

Submitted Feb. 10, 2003.*

Decided Feb. 14, 2003.

Before LEAVY, FERNANDEZ, and BERZON, Circuit Judges.

MEMORANDUM**

Marko Porter appeals pro se the district court’s judgment dismissing, for lack of jurisdiction, his action seeking review of an Internal Revenue Service determination that lien and levy actions could proceed against him. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo a dismissal for lack of subject-matter jurisdiction. Brady v. U.S., 211 F.3d 499, 502 (9th Cir.), cert. denied, 531 U.S. 1037, 121 S.Ct. 627, 148 L.Ed.2d 536 (2000). We affirm.

Under the Internal Revenue Code, the district court has jurisdiction over an appeal from a collections due process hearing only if the Tax Court lacks jurisdiction over the underlying tax liability. See 26 U.S.C. § 6330(d)(1). Because Porter’s col*363lections hearing was based on his liability for unpaid income tax, the Tax Court has exclusive jurisdiction over his appeal. See Goza v. Commissioner, 114 T.C. 176, 182, 2000 WL 283864 (2000).

The clerk shall amend the docket to reflect the caption above.

AFFIRMED.

Porter v. United States
56 F. App'x 362

Case Details

Name
Porter v. United States
Decision Date
Feb 14, 2003
Citations

56 F. App'x 362

Jurisdiction
United States

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