- 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 metPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011