- 10 - “Once our jurisdiction has been properly invoked in a case, we require no additional jurisdiction to render a decision with respect to such an affirmative defense.” Id. at 292. Thus, we held that where the parties were properly before the Court in an action brought under section 7436, the Court had jurisdiction to decide whether the period of limitations barred an assessment based on respondent’s worker classification determination. Id. at 292-293. Neely is distinguishable. In Neely, we reasoned that where the Court had jurisdiction to review the Commissioner’s preassessment determination of worker classification, we likewise had jurisdiction to determine whether the Commissioner was barred from assessing employment taxes by the expiration of the period of limitations. Section 7436(a) granted us jurisdiction to “determine whether such a [worker classification] determination by the Secretary is correct”. Like the deficiency procedures, the procedure set forth in section 7436 provides a preassessment forum for employment tax issues. In a preassessment proceeding it is logical to decide whether the proposed assessment is barred by the statute of limitations, and it is clear that we have jurisdiction in a deficiency proceeding to decide whether assessment of the deficiency is barred by the statute of limitations. See Woods v. Commissioner, 92 T.C. 776 (1989); Worden v. Commissioner, T.C. Memo. 1994-193; Ruff v.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011