William B. Meyer - Page 8




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            deficiency jurisdiction, the Court's jurisdiction under section                            
            6330(d) is dependent upon a valid determination letter and a                               
            timely filed petition for review.  See Rule 330(b).  Like a                                
            notice of deficiency under section 6213(a), an Appeals Office                              
            determination letter is a taxpayer's "ticket" to the Tax Court.                            
            See Offiler v. Commissioner, 114 T.C. 492, 498 (2000).  See also                           
            Mulvania v. Commissioner, 81 T.C. 65, 67 (1983); see also Gati v.                          
            Commissioner, 113 T.C. 132, 134 (1999).  Moreover, a petition for                          
            review under section 6330 must be filed with the appropriate                               
            court within 30 days of the mailing of the determination letter.                           
            See McCune v. Commissioner, 115 T.C. __ (2000).                                            
            In addition to timely filing requirements, section 6330(d)                                 
            limits the Tax Court's jurisdiction to the review of collection                            
            actions in which the underlying tax is of a type over which the                            
            Court normally has jurisdiction.  See Van Es v. Commissioner, 115                          
            T.C. __ (2000)(dismissing a petition for review of a collection                            
            action pertaining to the frivolous return penalty); Moore v.                               
            Commissioner, 114 T.C. 171 (2000) (dismissing a petition for                               
            review of a collection action pertaining to trust fund taxes).                             
                  As indicated, respondent moves to dismiss on the alternative                         
            grounds:  (1) The petitions were not filed within the 30-day                               
            filing period prescribed in section 6330(d)(1)(A); and (2) the                             
            underlying liabilities (frivolous return penalties) are not                                
            matters over which the Court normally has jurisdiction.                                    






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