3 commission checks she received during 1991. Petitioner introduced copies of the checks into evidence. The sum of these commission checks exceeded $15,813. In the notice of deficiency, respondent determined that petitioner underreported her 1991 commission income by $1,129, resulting in a deficiency in income tax of $172. Respondent further asserted that petitioner was liable for the employee's share of FICA taxes in the amount of $1,209 for 1991. See sec. 3101. Petitioner filed the petition seeking a redetermination of these adjustments. Respondent filed a motion to dismiss for lack of jurisdiction with respect to the employment taxes contained in the petition. OPINION FICA Taxes The United States Tax Court is a court of limited jurisdiction. See sec. 7442; Wilt v. Commissioner, 60 T.C. 977, 978 (1973). Generally, this jurisdiction is limited to income, estate, gift, and certain excise taxes which are subject to the deficiency notice requirements of sections 6212(a) and 6213(a). Rule 13; Enochs v. Green, 270 F.2d 558 (5th Cir. 1959); Judd v. Commissioner, 74 T.C. 651, 653 (1980). This Court has no jurisdiction over FICA taxes imposed on an employee. Chatterji v. Commissioner, 54 T.C. 1402, 1405 (1970). Accordingly,Page: Previous 1 2 3 4 Next
Last modified: May 25, 2011