- 7 - governing the issues that may be raised in a hearing and the means for obtaining judicial review of the matter. See Goza v. Commissioner, 114 T.C. 176 (2000). Section 6330(d) provides for judicial review of an administrative determination regarding a collection matter as follows: SEC. 6330(d). Proceeding After Hearing.-- (1) Judicial review of determination.--The person may, within 30 days of a determination under this section, appeal such determination–- (A) to the Tax Court (and the Tax Court shall have jurisdiction to hear such matter); or (B) if the Tax Court does not have jurisdiction of the underlying tax liability, to a district court of the United States. If a court determines that the appeal was to an incorrect court, a person shall have 30 days after the court determination to file such appeal with the correct court. Interpreting these statutory provisions, we stated in Moore v. Commissioner, 114 T.C. 171, 175 (2000): While Congress clearly intended for section 6330 to provide an opportunity for judicial review of collection matters, we interpret section 6330(d)(1)(A) and (B) together to mean that Congress did not intend to expand the [Tax] 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 liability. [Emphasis added.] See also Van Es v. Commissioner, 115 T.C. ____ (2000). This Court is a court of limited jurisdiction, having only such jurisdiction as provided by Congress. See sec. 7442; seePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011