- 6 - respondent’s motion. On January 29, 2002, the Court held proceedings to determine the correct amount of employment taxes. At the time the petition was filed, petitioner’s principal place of business was Spokane, Washington. OPINION I. Jurisdiction Petitioner contends that this Court lacks jurisdiction to determine the correct amount of employment taxes because: section 7436 was amended after this Court granted respondent’s partial motion to dismiss, the notice of determination is invalid, and no employment tax is due. A. Our Decision To Vacate the October 14, 1999, Order Was Proper Petitioner contends that the Court improperly vacated its October 14, 1999, order, which granted respondent’s partial motion to dismiss. Petitioner, relying on Plaut v. Spendthrift Farm, 514 U.S. 211 (1995), contends that the Constitution’s separation of powers principles and the Due Process Clause of the Fifth Amendment prohibit the reopening of final judgments relating to section 7436 cases. Petitioner’s reliance on Plaut is misplaced. In Plaut, the action was dismissed, and the judgment of dismissal became final prior to the enactment of the applicable statute. Specifically, the judgment of the District Court dismissing that case with prejudice was entered on AugustPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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