Henry Randolph Consulting - Page 8





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          7459(c).  Thus, based on the text of section 7436(a), we conclude            
          that we lack jurisdiction to decide the amounts of tax due in                
          cases arising under section 7436.                                            
               2.   Section 7436(d)                                                    
               Section 7436(d)5 provides that "the principles" of sections             
          6213(a), (b), (c), (d), and (f), 6214(a), 6215, 6503(a), 6512,               
          and 7481 apply to cases that arise under section 7436.  Section              
          7436(d) does not expressly state that it provides any                        
          jurisdiction.  However, petitioner contends that the references              
          to several deficiency procedure provisions in section 7436(d)                
          create, or imply that we have, jurisdiction to decide the amount             
          of its employment tax liability for the periods in issue.                    
          Petitioner also contends that the references in section 7436(d)              
          are surplusage if we do not have jurisdiction to decide the                  
          amount of employment taxes owed for those years.                             




               5 Sec. 7436(d) provides as follows:                                     
                    (d) Special Rules.--                                               
                         (1) Restrictions on assessment and collection                 
                    pending action, etc.--The principles of                            
                    subsections (a), (b), (c), (d), and (f) of                         
                    section 6213, section 6214(a), section 6215,                       
                    section 6503(a), section 6512, and section                         
                    7481 shall apply to proceedings brought under                      
                    this section in the same manner as if the                          
                    Secretary's determination described in                             
                    subsection (a) were a notice of deficiency.                        
                         (2) Awarding of costs and certain                             
                    fees.--Section 7430 shall apply to proceedings                     
                    brought under this section.                                        


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