David J. and Jo Dena Johnson - Page 12




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          preferable--that the Tax Court has jurisdiction pursuant to                  
          section 6330(d)(1)(A) in all collection cases.  I disagree.                  
               Section 6330(d) provides:                                               
                    (1) JUDICIAL REVIEW OF DETERMINATION.--The person                  
               may, within 30 days of a determination under this                       
               section, appeal such determination--                                    
                         (A) to the Tax Court (and the Tax Court shall                 
                    have jurisdiction with respect to such matter); or                 
                         (B) if the Tax Court does not have                            
                    jurisdiction of the underlying tax liability, to a                 
                    district court of the United States.                               
               If a court determines that the appeal was to an                         
               incorrect court, a person shall have 30 days after the                  
               court determination to file such appeal with the                        
               correct court.                                                          
          Judge Beghe fails to explain how his interpretation is an                    
          acceptable, let alone preferred, reading of the statute.                     
               A.   Section 6330(d)(1) Must Be Read as a Whole                         
               A cardinal rule of statutory construction is that a statute             
          is to be read as a whole because the meaning of language depends             
          on its context.  See King v. St. Vincent’s Hosp., 502 U.S. 215,              
          221 (1991).  The flush language contained at the end of the                  
          section states:  “If a court determines that the appeal was to an            
          incorrect court, a person shall have 30 days after the court                 
          determination to file such appeal with the correct court.”  Sec.             
          6330(d)(1) (emphasis added).  Thus, the district court can                   
          determine that appeal should have been to this Court, and we can             
          determine that appeal should have been to the district court.                







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