- 9 - amount of tax shown on the taxpayer's return. Meyer v. Commissioner, supra at 559-560, and cases cited therein. Such summary assessments are not subject to the normal deficiency procedures. Id. at 560. Section 6213(a) was amended, effective with respect to orders entered after November 10, 1988, to extend to this Court jurisdiction to restrain assessment and collection of a deficiency in cases where "a timely petition for a redetermination of the deficiency has been filed and then only in respect of the deficiency that is the subject of such petition." Technical and Miscellaneous Revenue Act of 1988, Pub. L. 100-647, sec. 6243(a), 102 Stat. 3749; Kamholz v. Commissioner, 94 T.C. 11, 15 (1990). Consistent with the Court's statutorily prescribed jurisdiction in this area, resolution of petitioners' Motion to Restrain Collection depends upon whether respondent has assessed and is attempting to collect the deficiency that is the proper subject of petitioners' timely filed petition for redetermination. Powerstein v. Commissioner, 99 T.C. at 471-472, and cases cited therein. In the instant case, it is clear that the amount that respondent has assessed, and is attempting to collect, consists of the tax that petitioners reported due on their original income tax return for 1990, as well as statutory interest and penalties imposed as a consequence of petitioners' failure to remit paymentPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011