Barry R. Downing and Mary A. Downing - Page 8




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          taxpayer was liable for the addition to tax for late payment                
          under section 6651(a)(2) even though we otherwise had                       
          jurisdiction to redetermine the taxpayer’s liability for estate             
          tax.  Congress reversed that holding by inserting the word “any”            
          in section 6214(a) as follows:                                              
                    SEC. 6214(a). Jurisdiction as to Increase of                      
               Deficiency, Additional Amounts, or Additions to the                    
               Tax.--Except as provided by section 7463 [small case                   
               procedures], 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.]                                                      
          Tax Reform Act of 1986, Pub. L. 99-514, sec. 1554(a), 100 Stat.             
          2754.  The conference agreement which accompanied enactment of              
          the 1986 amendment states, “The bill provides that the Tax Court            
          has jurisdiction over this addition to tax for failure to pay an            
          amount shown on the return where the Tax Court already has                  
          jurisdiction to redetermine a deficiency in tax with respect to             
          that return.”  S. Rept. 99-313, at 200 (1986), 1986-3 C.B. (Vol.            
          3) 1, 200; H. Conf. Rept. 99-841, at II-804 (1986), 1986-3 C.B.             
          (Vol. 4) 1, 804.                                                            
               The Tax Court generally has jurisdiction over income, gift,            
          and estate tax cases for purposes of section 6330(d)(1)(A)                  
          because we have deficiency jurisdiction relating to those taxes.            







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