- 5 - Landry v. Commissioner, 116 T.C. 60, 62 (2001). The type of tax involved in this case is Federal income tax. The Tax Court has jurisdiction over Federal income tax. Downing v. Commissioner, supra at 28; Landry v. Commissioner, supra at 62. Since we have jurisdiction over the type of tax involved, the only remaining requirements for jurisdiction pursuant to section 6330(d)(1)(A) are a valid notice that embodies a determination to proceed with collection and a timely filed petition for review. Lunsford v. Commissioner, supra at 164. Both parties agree that the petition in this case was timely filed. The only remaining issue is whether a valid notice of determination was issued. Petitioner argues that the determination is invalid because the Appeals officer issued the determination without conducting a hearing in accordance with the law. However, our jurisdiction under section 6330(d)(1)(A) is established when there is a written notice that embodies a determination to proceed with the collection of the taxes in issue, and a timely filed petition. Lunsford v. Commissioner, supra at 164. Both of these preconditions have been met in this case. In determining the validity of a determination for jurisdictional purposes, the Court will not look behind the notice of determination in order to ascertain whether the taxpayer was afforded an appropriate hearing with the Commissioner’s Appeals Office. Id.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011