Janet N. Moore - Page 8




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            trust fund taxes from petitioner by way of a penalty imposed                               
            under section 6672.                                                                        
            Section 6672(c)(2) contemplates that the Federal District                                  
            Court or the Court of Federal Claims shall have jurisdiction to                            
            determine a taxpayer's liability for a penalty imposed under that                          
            section.  The Tax Court does not have jurisdiction to redetermine                          
            the taxes that respondent is attempting to collect in this case.                           
            See Henry Randolph Consulting v. Commissioner, 112 T.C. 1 (1999).                          
                  Consistent with section 6330(d)(1), it follows that this                             
            Court does not have jurisdiction to review the administrative                              
            determination at issue herein.  However, petitioner is not                                 
            without a remedy.  Pursuant to the final flush language of                                 
            section 6330(d)(1), petitioner has 30 days from the date of the                            
            Court's order dismissing this case to file an appeal with the                              
            appropriate Federal District Court.                                                        
                  To reflect the foregoing,                                                            
                                                An order of dismissal                                  
                                          will be entered.                                             

















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