Brad L. Barnhill - Page 4




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          under section 6682; and (2) whether respondent’s determination to           
          proceed with collection of petitioner’s assessed income tax                 
          liability was an abuse of discretion.                                       
          I.  Motion To Dismiss for Lack of Jurisdiction                              
               During 1997, respondent assessed a $532.76 penalty under               
          section 6682 on the basis that petitioner provided false                    
          information with respect to withholding for 1996.  Respondent               
          moved to dismiss the petition for lack of jurisdiction insofar as           
          it seeks review of this penalty.  Respondent contends that this             
          Court does not have jurisdiction over a section 6682 penalty.               
               Section 6682(c) provides that deficiency procedures “shall             
          not apply in respect to the assessment or collection of any                 
          penalty imposed by * * * [this section].”  See Castillo v.                  
          Commissioner, 84 T.C. 405, 411 (1985).2  Accordingly, we lack               
          jurisdiction over petitioner’s claim with respect to the section            
          6682 penalty.                                                               
          II.  Abuse of Discretion                                                    
               The petition in this case was filed under section 6330.                
          Petitioner alleged numerous claims including, but not limited to,           
          claims of procedural and substantive defects in both the                    
          assessment of his income tax deficiency for 1996 and the section            


               2 See also Van Es v. Commissioner, 115 T.C. 324 (2000)                 
          (holding, in a sec. 6330 case, that the Tax Court lacked                    
          jurisdiction over a sec. 6702 penalty for the filing of a                   
          frivolous return and granted the Commissioner’s motion to dismiss           
          for lack of jurisdiction).                                                  




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