Henry Randolph Consulting - Page 9





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               We disagree.  Each of the references in section 7436(d) to              
          deficiency procedures can be read to have a rational purpose even            
          if we lack jurisdiction over the amounts in dispute in section               
          7436 cases.  The following chart briefly describes each provision            
          listed in section 7436(d), and states how the principle of each              
          listed section could apply to a section 7436 case even if we lack            
          jurisdiction to decide amounts of tax due.                                   

           Provisions Listed In          Possible Application Of Principles            
               Sec. 7436(d)              Of That Section To Sec. 7436                  
           Sec. 6213(a).  The            The Commissioner may not assess               
           Commissioner may not assess   employment tax during the time                
           tax for the years in issue    that the taxpayer may file a                  
           during the time a taxpayer    petition under section 7436 in                
           may file a petition or        this Court, and, if a petition is             
           while we have jurisdiction.   filed, until the decision is                  
                                         final.                                        
           Sec. 6213(b).  The            The Commissioner may assess tax               
           Commissioner may assess tax   relating to worker classification             
           related to mathematical       issues or mathematical errors on a            
           errors on a return, refund    return, refund adjustments, or any            
           adjustments, or any amount    amount paid, and a taxpayer may               
           paid.  A taxpayer may ask     ask the Commissioner to abate the             
           the Commissioner to abate     assessment.                                   
           assessment of mathematical                                                  
           or clerical errors.                                                         
           Sec. 6213(c).  The            The Commissioner shall assess and             
           Commissioner shall assess     collect tax related to worker                 
           and collect tax if the        classification issues if the                  
           taxpayer does not timely      taxpayer does not timely file a               
           file a petition.              petition under sec. 7436.                     
           Sec. 6213(d).  A taxpayer     The taxpayer may consent to                   
           may consent to an             assessment of employment tax.                 
           assessment.                                                                 
           Sec. 6213(f)(1).  The time    The time to file a petition under             
           to file a petition is         section 7436 is suspended if the              
           suspended if a taxpayer       taxpayer seeks relief under title             
           files for bankruptcy under    11.                                           
           title 11 of the U.S. Code.                                                  




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