David J. and Jo Dena Johnson - Page 7




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          petitioner had requested, and (2) Owens arranged for the                     
          attendance at the hearing by the person who declared petitioners’            
          Forms 1040X, Amended U.S. Individual Income Tax Return, to be                
          frivolous and by the person who made the decision to levy                    
          petitioners’ property without a court order.                                 
          C.   Respondent’s Notice of Determination                                    
               On November 2, 2000, respondent sent petitioners a notice of            
          determination concerning collection actions in which respondent              
          determined to proceed with collection from petitioners of the                
          frivolous return penalty for 1994, 1995, and 1996, and told                  
          petitioners that they have 30 days to file a complaint in the                
          appropriate U.S. District Court for a redetermination.  The                  
          notice of determination appeared valid on its face.  Petitioners             
          timely filed in this Court an appeal of respondent’s                         
          determination.  On January 2, 2001, petitioners filed with the               
          Court an amended petition for lien or levy action under section              
          6320(c) or section 6330(d).                                                  
                                      Discussion                                       
          A.   Whether the Tax Court Has Jurisdiction To Review                        
               Respondent’s Determination Under Sections 6320 and 6330                 
               We have previously held that we lack jurisdiction under                 
          section 6330(d)(1)(A) to review the Commissioner’s determination             
          to collect by levy the frivolous return penalty under section                
          6702.  Van Es v. Commissioner, 115 T.C. at 328-329.  That case               







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