- 3 - Furthermore, jurisdiction was retained by this Division of the Court. In numerous subsequent pleadings, petitioners objected to the retention of jurisdiction by the Court and requested that the Notice of Determination be vacated. Petitioners, however, did not object to remanding the case to the Appeals Office. Discussion The power of this Court to remand a case to the Appeals Office is well established. For example, if a taxpayer is not afforded a proper opportunity for a hearing under section 6330, the Court can remand the case to the Appeals Office to hold a hearing if we “believe that it is either necessary or productive”. Lunsford v. Commissioner, 117 T.C. 183, 189 (2001) (Lunsford II). Petitioner, inter alia, argues that the Court cannot retain jurisdiction over the case upon remanding the case to the Appeals Office. We have jurisdiction to determine whether we have jurisdiction at any time, either before or after a final decision is entered. Brannon’s of Shawnee, Inc. v. Commissioner, 71 T.C. 108, 111-112 (1978). The jurisdiction of this Court 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, 117 T.C. 159, 164 (2001) (Lunsford I).Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011