- 4 -
increases to petitioners’ income tax liabilities over the amounts
claimed for the same taxable years in petitioners’ bankruptcy
proceeding:
Additions to Tax Penalties
Year Deficiency Sec. 6651 Sec. 6662
1993 $57,252 $14,650.50 $11,450.40
1994 59,545 14,886.25 11,909.00
1995 38,330 9,582.50 7,666.00
In response to the notice, petitioners filed a petition with this
Court. Petitioners resided in Leesburg, Virginia, at the time
their petition was filed.
I. Jurisdiction
Preliminarily, petitioners questioned whether we have
jurisdiction over the deficiency determination considering that
the bankruptcy court had jurisdiction over petitioners’ assets,
debts, and more particularly the same taxable years. This
Court’s jurisdiction is limited to the extent provided by
statute. Sec. 7442;1 Pyo v. Commissioner, 83 T.C. 626, 632
(1984). Our jurisdiction to redetermine a deficiency in tax
depends on a valid notice of deficiency and a timely filed
petition. Sec. 6213(a); Savage v. Commissioner, 112 T.C. 46, 48
(1999). Respondent issued a timely notice of deficiency on June
5, 2000. Petitioners timely filed their petition with this Court
1 Unless otherwise indicated, all section references are to
the Internal Revenue Code in effect for the tax years in issue,
and all Rule references are to the Tax Court Rules of Practice
and Procedure.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011