Charlotte's Office Boutique, Inc. - Page 21

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          we also note that we have jurisdiction by virtue of the fact that           
          respondent determined that “Other Workers” had during that year             
          received $2,585 of wages from petitioner.  Although respondent              
          now concedes that determination, respondent’s concession has no             
          bearing upon our jurisdiction.  Cf. LTV Corp. v. Commissioner,              
          64 T.C. 589 (1975) (respondent’s concession of no deficiency in a           
          year did not deprive the Court of jurisdiction over the subject             
          matter of that year).                                                       
               Our conclusion is further supported by an analogy to the               
          applicable law underlying the issuance of a notice of                       
          deficiency.8  The Court may acquire jurisdiction in such a                  
          setting only when the Commissioner has determined that there is a           
          deficiency.  Secs. 6212(a), 6213(a); see also Richards v.                   
          Commissioner, T.C. Memo. 1997-149, affd. without published                  
          opinion 165 F.3d 917 (9th Cir. 1998).  It is the determination of           
          a deficiency, rather than the existence of a deficiency, that is            
          dispositive as to our jurisdiction.  Hannan v. Commissioner,                
          52 T.C. 787, 791 (1969).  Thus, even when a taxpayer has made a             
          showing that casts doubt on the validity of a determination in a            
          notice of deficiency, the notice is generally not rendered void,            




               8 Under sec. 7436(d), the principles of secs. 6213(a), (b),            
          (c), (d), and (f), 6214(a), 6215, 6503(a), 6512, and 7481 apply             
          to cases that arise under sec. 7436, as if the Secretary’s notice           
          of determination were a notice of deficiency.                               




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