- 4 - summarily assessed under the authority of section 6201(a)(3) and “arose from a nonrebate erroneous refund which could not have been assessed as a deficiency or otherwise been subject to the jurisdiction of this Court under an alternative to assessment under section 6201(a)(3).” On October 2, 2000, a hearing on respondent’s motion was held at the Court’s trial session in Columbia, South Carolina. Discussion Petitioner seeks judicial review of an administrative action instituted by respondent to recover what respondent alleges was an erroneous refund paid to petitioner. As described below, the administrative collection procedures instituted by respondent are distinct from the deficiency procedures upon which this Court’s jurisdiction is generally predicated. Section 6201 authorizes and requires the Secretary “to make the inquiries, determinations, and assessments of all taxes * * * imposed” by the Internal Revenue Code. The assessment of tax, which is ordinarily the first step in the collection process, is accomplished by recording the taxpayer’s liability in the office of the Secretary. See sec. 6203. In certain circumstances, pursuant to the general authority of section 6201, the Commissioner can summarily (immediately) assess certain amounts, including overstatements on a return or aPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011