- 10 - In sum, because we have no jurisdiction over the “underlying tax liability” within the meaning of section 6330(d)(1)(B), we have no jurisdiction over the instant petitions for redetermination, and we must grant respondent’s motions to dismiss. Although the trustees cannot pursue their cases in this Court, they are not without a remedy. The trustees may seek judicial review in the appropriate District Court of the United States. See sec. 6330(d)(1)(B). To reflect the foregoing, Appropriate orders of dismissal will be entered. 7(...continued) the tax has been or will be made on the basis of what would have been the correct amount of tax but for the mathematical or clerical error, such notice shall not be considered as a notice of deficiency * * * and the taxpayer shall have no right to file a petition with the Tax Court based on such notice, nor shall such assessment or collection be prohibited by the provisions of subsection (a) of this section. [Emphasis added.] As noted above, if the taxpayer so requests, a summary assessment relating to a mathematical or clerical error must be abated, and any reassessment must be made subject to the deficiency procedures. See sec. 6213(b)(2). Such abatement and reassessment procedures do not apply, however, to assessments of erroneous income tax prepayment credits. See sec. 6201(a)(3).Page: Previous 1 2 3 4 5 6 7 8 9 10
Last modified: May 25, 2011