David J. and Jo Dena Johnson - Page 20




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          Petitioners, however, decided to petition the Tax Court based on             
          our decision in Meyer v. Commissioner, 115 T.C. 417 (2000).  In              
          both their petition and amended petition, petitioners state that             
          in a similar case (Meyer) this Court assumed jurisdiction.  Their            
          argument is not that we have jurisdiction to review a                        
          determination regarding a section 6702 penalty but that they were            
          not provided a hearing.  Further, petitioners contend that in a              
          similar case involving a section 6702 penalty (Meyer) the Court              
          held that we had jurisdiction to review whether the taxpayer was             
          provided a hearing.                                                          
               The following colloquies took place at the hearing on the               
          motion:                                                                      
          THE COURT:     That’s right.  I’ve seen the file.  Do you want to            
                         say anything this morning on behalf of the motion             
                         or in opposition to the motion?                               
          PETITIONER:    Judge, I’ve sent in an objection to the motion                
                         that technically the Court does not have                      
                         jurisdiction regarding frivolous penalties, but it            
                         does have jurisdiction based on the Meyer case,               
                         which I cited in my objection, that this is a                 
                         matter of not receiving a due-process hearing * *             
                         * We did ask for the hearing within the 30 days               
                         and did not get the hearing when a determination              
                         was made.                                                     
                                        * * *                                          
          THE COURT:     Mr. Johnson is not speaking this morning to the               
                         merit of the position he’s taking.  He’s saying               
                         that, regardless of the merit of the position,                
                         he’s entitled to a hearing.  Is that correct Mr.              
                         Johnson?                                                      








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