- 5 - 875 F.2d 1396 (9th Cir. 1989). Petitioner argues that none of the cases cited by respondent are on point, but petitioner has cited no case that held invalid a notice analogous to the notice in issue here. Petitioner relies on ipse dixit and on the bald assertion that "the statutory scheme in this case is clear and Respondent has manifestly violated it." We are not persuaded. The statutory scheme provides to taxpayers a remedy not previously available, to wit, an opportunity to have employment status disputes resolved in this Court. See Randolph Consulting I, supra at 9-10. As in other cases within our jurisdiction, the notice of that determination is the taxpayer's "ticket to the Tax Court". The notice sent to petitioner is the "Notice of Determination Concerning Worker Classification Under Section 7436" that permits the taxpayer to seek relief in this Court. It specifically states that the determination described in section 7436 has been made. As we held in Randolph Consulting I, we do not have jurisdiction to determine the amount of taxes owing. In any event, attachments to the notice sent to petitioner calculated the amounts to be assessed. The failure to attach the list of named individuals that respondent determined to be employees is not incurable. It was cured in this instance by the attachment to the Answer, and no prejudice to petitioner can be asserted plausibly.Page: Previous 1 2 3 4 5 6 7 Next
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