John D. Fairchild - Page 6




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          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;                               





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