-4- matter of a dispute is an issue that either party thereto may raise at any time. The failure to question our jurisdiction is not a waiver of the right to do so, for if we lack jurisdiction over an issue, we do not have the power to decide it. Ins. Corp. of Ireland, Ltd. v. Compagnie des Bauxites de Guinee, 456 U.S. 694, 702 (1982); see also Raymond v. Commissioner, 119 T.C. 191, 193 (2002), and the cases cited therein. The requirement that jurisdiction be established “[springs] from the nature and limits of the judicial power of the United States” and is “inflexible and without exception”. Mansfield, C. & L.M.R. Co. v. Swan, 111 U.S. 379, 382 (1884); see also Steel Co. v. Citizens for a Better Envt., 523 U.S. 83, 94-95 (1998). Petitioner argues primarily that the text of section 7436(a) does not give us jurisdiction in an employment tax case such as this to redetermine an addition to an employment tax. We disagree. Recently, in Ewens & Miller, Inc. v. Commissioner, 117 T.C. 263, 267-268 (2001), we held that we did have jurisdiction over such matter. We do likewise here for the reasons stated therein. We repeat for emphasis that section 7436(a), when read in the context of the Internal Revenue Code as a whole, and especially sections 6665(a)(2) and 7436(e), gives this Court the requisite jurisdiction to redetermine an addition to tax in an employment tax case such as this brought under section 7436(a).Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011