A. Lee Petersen and INI Builders, Inc. - Page 23

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          sufficient to render distributions to petitioner in the amounts             
          of $50,000 for 1984 and $17,500 for 1986 fully taxable as                   
          dividends.                                                                  
                                       OPINION                                        
          Petitioner                                                                  
               Petitioner contends that respondent’s claims against him for           
          tax years 1984 and 1986 were discharged in bankruptcy.  We first            
          address whether we have jurisdiction so to determine.5  As a                
          Court of limited statutory jurisdiction, see sec. 7442; Neilson             
          v. Commissioner, 94 T.C. 1, 9 (1990), our subject matter                    
          jurisdiction is generally limited to the redetermination of the             
          correct amount of a deficiency determined by the Commissioner.              
          See sec. 6214(a); cf. Swanson v. Commissioner, 65 T.C. 1180, 1184           
          (1976) (an action commenced in this Court for redetermination of            
          a deficiency is unrelated to the collection of the tax).  We lack           
          jurisdiction to determine whether a taxpayer’s liability for                
          Federal income taxes has been discharged in bankruptcy.                     
          McAlister v. Commissioner, T.C. Memo. 1993-166 (citing Neilson v.           
          Commissioner, supra).  Petitioner will have to invoke the                   
          jurisdiction of the bankruptcy court to obtain a ruling on the              
          issue of discharge, if and when respondent attempts to collect              


               5 We always have jurisdiction to decide whether we have                
          jurisdiction.  Sponza v. Commissioner, 844 F.2d 689, 690 (9th               
          Cir. 1988) (citing Weiss v. Commissioner, 88 T.C. 1036, 1040                
          (1987)).                                                                    




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