Joseph D. and Wanda S. Lunsford - Page 7




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               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...)           





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