Roger Stoewer - Page 8




                                        - 8 -                                         
               The Court’s deficiency jurisdiction is generally limited to            
          the redetermination of income, estate, and gift taxes.  Moore v.            
          Commissioner, 114 T.C. 171, 175 (2000).  The Court interpreted              
          section 6330(d)(1)(A) and (B) as not expanding the Court’s                  
          jurisdiction beyond the types of taxes over which the Court                 
          generally has jurisdiction.  Id.  The Court has held that we do             
          not have jurisdiction to review the Commissioner’s determination            
          to assess the frivolous return penalty under section 6702.  Van             
          Es v. Commissioner, 115 T.C. 324, 328-329 (2000).  In that                  
          situation, section 6330(d)(1) provides that “If a court                     
          determines that the appeal was to an incorrect court, a person              
          shall have 30 days after the court determination to file such               
          appeal with the correct court.”                                             
               Accordingly, we shall grant respondent’s motion to dismiss             
          for lack of jurisdiction and to strike with respect to the                  
          frivolous return penalty.                                                   
               In petitioner’s motion, petitioner asks the Court to dismiss           
          this case for lack of jurisdiction on the ground that the Appeals           
          officer failed to verify that the requirements of all applicable            
          law and administrative procedure were met as required by section            
          6330(c)(1).                                                                 
               Because we lack jurisdiction to review the determination               
          with regard to the frivolous return penalty, we shall not decide            
          whether the hearing requirement under section 6330(b) was met               






Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011