Evans Publishing, Inc. - Page 8




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                         (2) such person is not entitled to the                       
                    treatment under subsection (a) of section 530 of                  
                    the Revenue Act of 1978 with respect to such an                   
                    individual,                                                       
               upon the filing of an appropriate pleading, the Tax                    
               Court may determine whether such a determination by the                
               Secretary is correct and the proper amount of                          
               employment tax under such determination.  Any such                     
               redetermination by the Tax Court shall have the force                  
               and effect of a decision of the Tax Court and shall be                 
               reviewable as such.                                                    
               Section 7436(d)(1) provides:                                           
                    SEC. 7436(d). Special Rules.--                                    
                         (1) Restrictions on Assessment and                           
                    Collection Pending Action, Etc.--The                              
                    principles of subsections (a), (b), (c), (d),                     
                    and (f) of section 6213, section 6214(a),                         
                    section 6215, section 6503(a), section 6512,                      
                    and section 7481 shall apply to proceedings                       
                    brought under this section in the same manner                     
                    as if the Secretary’s determination described                     
                    in subsection (a) were a notice of                                
                    deficiency.                                                       
               Section 6214(a) provides:                                              
                    SEC. 6214(a). Jurisdiction as to Increase of                      
               Deficiency, Additional Amounts, or Additions to the                    
               Tax.--Except as provided by section 7463 [regarding                    
               disputes involving $50,000 or less], 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.                                     
               In Henry Randolph Consulting v. Commissioner, 112 T.C. 1               
          (1999), while rejecting the taxpayer’s claim that section 7436(d)           
          gave us jurisdiction to decide the amount of employment tax                 





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