Katherine A. Weir - Page 14




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          procedures provided for in subchapter B, chapter 63 of the Code             
          (sections 6211 through 6216).  Section 6214(a) provides:                    
               SEC. 6214.  DETERMINATION BY TAX COURT.                                
               (a) Jurisdiction as to Increase of Deficiency,                         
               Additional Amounts, or Additions to the Tax.--Except as                
               provided by section 7463, the Tax Court shall have                     
               jurisdiction to redetermine the correct amount of the                  
               deficiency even if the amount so redetermined is                       
               greater than the amount of the deficiency, notice of                   
               which has been mailed to the taxpayer, and to determine                
               whether any additional amount, or any addition to the                  
               tax should be assessed, if claim therefor is asserted                  
               by the Secretary at or before the hearing or a                         
               rehearing.  [Emphasis added.]                                          
          Whether we have jurisdiction to determine the section 6654                  
          additions turns on the meaning of the underscored portion of                
          section 6214(a).  Cf., e.g., Estate of Nemerova v. Commissioner,            
          T.C. Memo. 1998-186, holding that, with respect to the additions            
          to tax there in question, under section 6651(a)(1) and (2), we              
          had jurisdiction under section 6214(a) to determine so much of              
          the addition under section 6651(a)(1) as was applicable to the              
          deficiency in tax and the addition under section 6651(a)(2).  We            
          held that we have no jurisdiction to determine the addition under           
          section 6651(a)(1) applicable to the tax assessed by respondent             
          upon receipt of the return.                                                 
               Neither party has addressed our jurisdiction to consider the           
          section 6654 additions.  Nevertheless, we believe that respondent           
          erred in determining those additions.  We shall set forth our               








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