- 9 - liabilities, we stated how the principles of each section listed in section 7436(d) could apply to a section 7436, before amendment by CRTRA, case even if we lacked jurisdiction to decide the amounts of tax due. With regard to the possible application of the principles of section 6214(a) to section 7436, before amendment by CRTRA, we stated that the interaction of those two sections may allow us to “decide worker classification claims raised by the Commissioner that are not included in the notice of determination (e.g., a claim regarding the status of additional persons alleged to be employees) if such claims relate to the taxpayer and taxable periods in the notice of determination.” Id. at 6. It is well established that the Court has jurisdiction to review an increased deficiency asserted by the Commissioner at or before the hearing or rehearing. Sec. 6214(a); Ferrill v. Commissioner, 684 F.2d 261, 265 (3d Cir. 1982), affg. T.C. Memo. 1979-501; H.F. Campbell Co. v. Commissioner, 443 F.2d 965, 970 (6th Cir. 1971), affg. 53 T.C. 439 (1969); Commissioner v. Finley, 265 F.2d 885, 888 (10th Cir. 1959), affg. O’Shea v. Commissioner, T.C. Memo. 1957-15 and T.C. Memo. 1957-16; Henningsen v. Commissioner, 243 F.2d 954, 959 (4th Cir. 1957), affg. 26 T.C. 528 (1956). We conclude that, pursuant to section 7436, we have jurisdiction over the Commissioner’s affirmative allegationsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011