U.R. Neely - Page 6




                                                - 6 -                                                  
            trial therefore was whether respondent’s determination of worker                           
            classification was barred by expiration of the 3-year period of                            
            limitations set forth in section 6501(a) or whether the period of                          
            limitations remained open pursuant to section 6501(c) on account                           
            of petitioner’s fraudulent conduct.                                                        
                  At commencement of trial, the Court raised the issue of                              
            whether we had jurisdiction to decide whether a taxpayer in a                              
            worker classification case had committed fraud for purposes of                             
            determining whether the section 6501(c) exception to the general                           
            3-year period of limitations on assessment applied.  At that                               
            time, both parties agreed that the Court possessed jurisdiction                            
            to decide such issue.  Following trial, the Court held the                                 
            conventional posttrial briefing in abeyance and ordered the                                
            parties to identify by memoranda the legal authority which                                 
            establishes the jurisdiction of the Court to address matters                               
            relating to the period of limitations on assessment in a worker                            
            classification case brought under section 7436.                                            
            Discussion                                                                                 
                  It is well settled that this Court can proceed in a case                             
            only if we have jurisdiction and that any party, or the Court sua                          
            sponte, can question jurisdiction at any time, even after the                              


                  8(...continued)                                                                      
            our jurisdiction would be lost.”  Similarly, it is the                                     
            Commissioner’s determination of worker classification that                                 
            provides the predicate for our jurisdiction under sec. 7436.  The                          
            ultimate merits of such determination do not affect the Court’s                            
            jurisdiction.                                                                              




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