Samuel and Bernice Boone Trust - Page 7




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            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; see                             





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