- 16 - The Court’s Jurisdiction To Review Respondent’s Collection Activities Is Based on Jurisdiction Over the Underlying Tax Liability The Appeals officer made a determination that the lien should not be removed because the tax deficiency, additions to tax, and interest were properly due. By way of a timely filed petition, petitioner has invoked the jurisdiction of this Court to review the determination with regard to each of those amounts. The Court’s jurisdiction to review an Appeals officer’s determination that relief (to remove a lien) should be denied is set forth in section 6330(d)(1): 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. Therefore, in order to have jurisdiction over matters listed in a petition with regard to a notice of determination pursuant to section 6330, we must decide whether the “underlying tax liability” is of a type over which this Court normally has jurisdiction. See Moore v. Commissioner, 114 T.C. 171, 175 (2000).Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011