- 13 - Commissioner, supra. Most notably, unlike Powerstein, respondent is attempting to collect the tax that petitioners reported as due on their original return--an amount that is properly characterized as an amount "shown upon his return" within the meaning of section 301.6211-1(a), Proced. & Admin. Regs. Finally, petitioners contend that the Court may bar respondent's collection efforts based on Russell v. United States, 529 F.2d at 1072, which petitioners cite for the proposition that the Court has jurisdiction to decide "the entire gamut of possible issues that controlled the determination of the amount of tax liability for the year in question". Although Russell v. United States, supra at 1072, correctly states that the Court has broad jurisdiction to decide the correct amount of tax liability for a taxable year properly before the Court, Russell does not address the question of the scope of the Court's jurisdiction to restrain collection. As previously discussed, section 6213(a) expressly limits the Court's authority to restrain collection to "the deficiency that is the subject of [a timely filed] petition". However, we have concluded that respondent is not attempting to collect the deficiency that is the subject of the petition filed in this case.4 4 Consistent with Russell v. United States, 592 F.2d 1069 (9th Cir. 1979), we do observe that, if petitioners were to pay the amount that respondent seeks to collect, petitioners may seek leave to file an amended petition with the Court which includes (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011