Henry Randolph Consulting - Page 18





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          limits the time to file a petition in the Tax Court; and (5)                 
          after stating the prerequisites for the type of determination,               
          section 7436 and the declaratory judgment provisions state:                  
          "upon the filing of an appropriate pleading, the Tax Court may"              
          decide a specified issue or issues, without specific reference to            
          the amount of tax liability that results from that decision.                 
               Petitioner is right that section 7436 differs in some ways              
          from the declaratory judgment provisions.  However, we agree with            
          respondent that section 7436 is more like the declaratory                    
          judgment provisions, which specify a subject matter over which we            
          have jurisdiction, but do not state that we may decide the amount            
          of tax due.  This contrasts with our deficiency jurisdiction                 
          under section 6213, under which we may redetermine the "amount"              
          of tax due.  Sec. 6211(a).  Thus, a comparison of the declaratory            
          judgment provisions with section 7436 supports our conclusion                
          that section 7436 does not provide jurisdiction to decide amounts            
          of employment tax due.                                                       
          D.   Whether It Would Be Illogical To Give Us Jurisdiction To                
               Decide Worker Classification Status Without Jurisdiction To             
               Decide Amounts of Tax Due                                               
               Petitioner contends that it would be illogical to give us               
          jurisdiction to decide worker classification issues without                  
          jurisdiction to decide amounts of tax due.  Petitioner points out            
          that if we lack jurisdiction to decide amounts of employment tax             
          due, a taxpayer would be required to go to a second judicial                 
          forum to dispute those amounts.  Petitioner contends that                    
          limiting our jurisdiction violates logic and public policy (e.g.,            


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Last modified: May 25, 2011