- 9 - See secs. 6211(a), 6213(a), 6214(a); Landry v. Commissioner, 116 T.C. 60, 62 (2001); Katz v. Commissioner, 115 T.C. 329, 339 (2000); Van Es v. Commissioner, supra at 328; Goza v. Commissioner, 114 T.C. 176, 182 (2000). We also have jurisdiction “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.” Sec. 6214(a). Thus, just as we generally have jurisdiction to decide income, gift, and estate tax cases, we generally have jurisdiction over additions to tax for failure to pay those taxes for purposes of section 6330(d)(1)(A). Following the 1986 amendment to section 6214(a), we have frequently exercised jurisdiction over the addition to tax under section 6651(a)(2) when it has been asserted in a deficiency case. See, e.g., Lee Engg. Supply Co. v. Commissioner, 101 T.C. 189, 196 n.5 (1993); Estate of La Meres v. Commissioner, 98 T.C. 294, 324-325 (1992); Bank of the West v. Commissioner, 93 T.C. 462, 472-474 (1989); Judge v. Commissioner, 88 T.C. 1175, 1187 (1987). In contrast, apart from an affected items proceeding, section 6665(b) provides that we lack deficiency jurisdiction over an addition to tax under section 6651(a) if no deficiency was determined. See Estate of Forgey v. Commissioner, 115 T.C. 142, 146-147 (2000); Newby’s Plastering, Inc. v. Commissioner, T.C. Memo. 1998-320. However, our holdings in those cases do notPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011