- 16 - The reports do not state that section 7436(c) and (d) provide procedural rules, but it appears that those are the procedural rules referred to in this legislative history. Petitioner contends that the legislative history for section 7436 shows that we have jurisdiction to decide the amounts of employment tax due for the workers whose status is before the Court. We disagree. The legislative history states that Congress intended that we decide "certain"8 and not all employment tax disputes, and does not state that we should decide any issues other than those specified in section 7436(a). C. Section 7436 Compared to Declaratory Judgment Provisions Petitioner points out that section 7436 differs in several ways from the declaratory judgment provisions (sections 7428, 7476, 7477, 7478, 7479), and contends that this shows that Congress intended to provide jurisdiction to decide the amounts of employment tax due. Petitioner points out that section 7436 and the declaratory judgment provisions differ in that (1) section 7436(a) uses the term "determination", and the declaratory judgment provisions state "make a declaration"; (2) section 7436 incorporates the principles of several sections that pertain to deficiency procedures, and the declaratory judgment 8 The House and Senate committee reports stated as reasons for change: It will be advantageous to taxpayers to have the option of going to the Tax Court to resolve certain disputes regarding employment status. [H. Rept. 105-148, at 639 (1997); S. Rept. 105-33, at 304 (1997); emphasis added.]Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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