Henry Randolph Consulting - Page 10





                                         - 10 -                                        

           Sec. 6214(a).  We have        We may decide worker                          
           jurisdiction to redetermine   classification claims raised by               
           a deficiency in an amount     the Commissioner that are not                 
           which is greater than the     included in the notice of                     
           amount stated in the notice   determination (e.g., a claim                  
           of deficiency.                regarding the status of additional            
                                         persons alleged to be employees)              
                                         if such claims relate to the                  
                                         taxpayer and taxable periods in               
                                         the notice of determination.                  
           Sec. 6512(b).  The            The Commissioner shall recognize              
           Commissioner shall credit     the status of workers as decided              
           or refund to the taxpayer     by the Tax Court.  If the                     
           any overpayment of tax when   Commissioner fails to do so within            
           our decision becomes final.   120 days after the decision of the            
           We have jurisdiction to       Tax Court becomes final, then we              
           decide a taxpayer's motion    may issue an order requiring the              
           to require the Commissioner   Commissioner to do so.                        
           to refund an overpayment of                                                 
           tax if the motion is filed                                                  
           more than 120 days after                                                    
           the decision becomes final.                                                 
           Secs. 6215 and 6503.          The running of the time to assess             
           Certain circumstances         employment tax is suspended while             
           suspend the running of the    a section 7436 case is pending and            
           time to assess tax (e.g.,     resumes when our decision is                  
           when the Commissioner mails   final.  The Commissioner's                    
           a notice of deficiency), or   authority to assess employment tax            
           cause it to resume running.   resumes when the bar to assessment            
           The Commissioner may assess   is lifted and the running of the              
           the deficiency that we        time to assess resumes.                       
           redetermine after our                                                       
           decision is final and                                                       
           require the taxpayer to pay                                                 
           that amount on notice and                                                   
           demand.                                                                     














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Last modified: May 25, 2011