- 23 - 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)).Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011