- 6 - party contends that we lack jurisdiction to decide this issue. However, we may question our jurisdiction sua sponte at any stage of the proceedings. Moorhous v. Commissioner, 116 T.C. 263, 272 (2001); Neely v. Commissioner, 115 T.C. 287, 290 (2000); Smith v. Commissioner, 96 T.C. 10, 13-14 (1991). This is an income tax deficiency case. In a deficiency case, we lack jurisdiction to decide whether petitioner’s tax liability was discharged in bankruptcy. Moody v. Commissioner, 95 T.C. 655, 658 (1990); Neilson v. Commissioner, 94 T.C. at 8-9; Graham v. Commissioner, 75 T.C. 389, 399 (1980); Swanson v. Commissioner, 65 T.C. 1180, 1184 (1976); Fotochrome, Inc. v. Commissioner, 57 T.C. 842, 847 (1972). Thus, we will deny petitioner’s motion to dismiss on the grounds that his 1993 liability for income tax and additions to tax was discharged in bankruptcy. We do, however, have jurisdiction to redetermine the deficiencies and additions to tax that respondent determined in this case. Neilson v. Commissioner, supra at 6-8; Graham v. Commissioner, supra at 398-399. date of the filing of the petition; or (iii) other than a tax of a kind specified in section 523(a)(1)(B) or 523(a)(1)(C) of this title, not assessed before, but assessable, under applicable law or by agreement, after, the commencement of the case;Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011