- 9 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011