- 7 - incorrect court, a person shall have 30 days after the court determination to file such appeal with the correct court. In short, section 6330(d) provides that a taxpayer may file a petition for review of the Commissioner's administrative determination with the Tax Court where the Court has jurisdiction of the underlying tax liability. While Congress clearly intended for section 6330 to provide an opportunity for judicial review of collection matters, we have interpreted section 6330(d)(1)(A) and (B) together to mean that Congress did not intend to expand the Court's jurisdiction beyond the types of taxes that the Court may normally consider. Thus, section 6330(d)(1)(A) and (B) provides for Tax Court jurisdiction except where the Court does not normally have jurisdiction over the underlying tax liability. See Moore v. Commissioner, 114 T.C. 171, 175 (2000). The Tax Court has jurisdiction only to the extent authorized by Congress. See Naftel v. Commissioner, 85 T.C. 527, 529 (1985). Generally, this jurisdiction is limited to income, estate, gift, and certain excise taxes which are subject to the deficiency notice requirements of sections 6212(a) and 6213(a). See Rule 13; Enochs v. Green, 270 F.2d 558 (5th Cir. 1959); Judd v. Commissioner, 74 T.C. 651, 653 (1980). In this case respondent is attempting to collect FICA taxes from petitioners based upon a prior assessment. This Court hasPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011