Henry Randolph Consulting - Page 5




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          would be liable if we sustain to any extent respondent's                     
          determination that petitioner's workers are employees and that               
          petitioner is not entitled to relief under section 530 of the                
          Revenue Act of 1978.                                                         
               Petitioner contends that our jurisdiction is provided by                
          section 7436(a), (c), and (d), and that this result is consistent            
          with logic and public policy (e.g., the convenience of the                   
          parties and judicial economy).  Respondent contends that we lack             
          jurisdiction under section 7436 to decide amounts of employment              
          tax due.                                                                     
               To decide this issue, we first consider the following issues            
          relating to the text of section 7436:  (1) Whether section                   
          7436(a) provides jurisdiction over amounts of employment tax due;            
          and (2) whether jurisdiction over amounts is provided by section             
          7436(d), which incorporates into section 7436 the principles of              
          several provisions governing our deficiency jurisdiction, or by              
          section 7436(c), which makes the small case procedures under                 
          section 7463 available for cases under section 7436 if less than             
          $10,0003 is in dispute.                                                      


               2(...continued)                                                         
          assessment, filed a claim for refund, and filed a refund suit in             
          Federal district court or the Court of Federal Claims to recover             
          amounts paid.  See sec. 7422; 28 U.S.C. sec. 1291 (1994).                    
               3 Sec. 3103(b)(1) of the IRS Restructuring and Reform Act of            
          1998, Pub. L. 105-206, 112 Stat. 685, 731, amended sec.                      
          7436(c)(1) to increase the limit from $10,000 to $50,000 per                 
          quarter, effective for proceedings commenced after July 22, 1998.            




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