David J. and Jo Dena Johnson - Page 15




                                        - 15 -                                         
          interpreted these provisions [6330(d)(1)] to mean that district              
          courts have jurisdiction under section 6330 only if the Tax Court            
          lacks jurisdiction.”  Lewis v. IRS, 86 AFTR2d 2000-6839, 2000-2              
          USTC par. 50,837 (S.D. Tex. 2000) (emphasis added).  The United              
          States District Court for the Northern District of Texas held:               
          “a district court has jurisdiction to hear this type of suit [a              
          claim under 6330] only if the Tax Court lacks jurisdiction. * * *            
          District Courts have jurisdiction under section 6330 only if the             
          Tax Court lacks jurisdiction.”  McCune v. United States, 85                  
          AFTR2d 2000-1240, 2000-1 USTC par. 50,279 (N.D. Tex. 2000)                   
          (emphasis added).  The United States District Court for the                  
          Eastern District of Pennsylvania held that section 6330(d)(1)                
          “provides for review to the Tax Court, unless the Tax Court does             
          not have jurisdiction, in which case the appeal goes to a                    
          district court”.  Hart v. IRS, 87 AFTR2d 2001-1531, 2001-1 USTC              
          par. 50,328 (E.D. Pa. 2001) (emphasis added).                                
          II. “Opening the Backdoor”                                                   
               Historically, the Tax Court has been a court of limited                 
          jurisdiction, and we may exercise our jurisdiction only to the               
          extent authorized by Congress.  See sec. 7442; Naftel v.                     
          Commissioner, 85 T.C. 527, 529 (1985).  The grant of jurisdiction            
          to review deficiencies determined by the Commissioner does not               
          provide us with jurisdiction to review taxes imposed under                   
          subtitle C, subtitle D (with the exception of excise taxes                   







Page:  Previous  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  Next

Last modified: May 25, 2011