Scott William Katz - Page 16




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          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).                                                                     




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Last modified: May 25, 2011