- 7 - In Meyer v. Commissioner, supra at 422-423, we looked behind the notice of determination to find that the taxpayer was not offered an Appeals hearing. We then found that the notice of determination was invalid and that the Tax Court was without jurisdiction to review the Appeals officer’s determination. Id. For the reasons discussed below, we now conclude that our opinion in Meyer was incorrect. As a preliminary matter, we point out that this Court should not have decided whether the notice of determination was valid in Meyer v. Commissioner, supra, because we did not have subject matter jurisdiction. We have held that we lack jurisdiction under section 6330(d) when the tax in issue is one over which we normally do not have jurisdiction. See Johnson v. Commissioner, 117 T.C. ___ (2001); Moore v. Commissioner, 114 T.C. 171 (2000). The tax in Meyer v. Commissioner, supra, was a frivolous return penalty over which we normally have no jurisdiction. We therefore had no subject matter jurisdiction under section 6330(d). Van Es v. Commissioner, 115 T.C. 324 (2000). In that situation, section 6330(d) provides that “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.”5 Thus, in Meyer v. Commissioner, supra, we 5See True v. Commissioner, 108 F. Supp. 2d 1361 (M.D. Fla. 2000), holding that the district court lacked subject matter (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011