Kernan v. Commissioner

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS NOV 21 2016 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT EUGENE J. KERNAN, No. 15-70574 Petitioner-Appellant, Tax Ct. No. 19672-11 v. MEMORANDUM* COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee. Appeal from a Decision of the United States Tax Court Submitted November 16, 2016** Before: LEAVY, BERZON, and MURGUIA, Circuit Judges. Eugene J. Kernan appeals pro se from the Tax Court’s decision, following a bench trial, confirming the Commissioner’s determination of deficiencies and additions for tax years 2001 through 2006. We have jurisdiction pursuant to 26 * 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). Thus, Kernan’s requests for oral argument, set forth in his opening and reply briefs, are denied. U.S.C. § 7482(a). We review de novo the Tax Court’s legal conclusions and for clear error its factual findings. Johanson v. Comm’r, 541 F.3d 973, 976 (9th Cir. 2008). We affirm. The Tax Court properly sustained the Commissioner’s determination of deficiencies and additions to Kernan’s taxes for tax years 2001 through 2006. See 26 U.S.C. §§ 1, 6012, 6651(a), 6654. The Tax Court did not abuse its discretion by striking Kernan’s briefs because they exceeded the length limitations imposed by the court. See Alexander Shokai, Inc. v. Comm’r, 34 F.3d 1480, 1485 (9th Cir. 1994) (setting forth standard of review). AFFIRMED. 2 15-70574