125 T.C. No. 5 UNITED STATES TAX COURT SERVICE EMPLOYEES INTERNATIONAL UNION, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent 100 OAK STREET CORPORATION, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket Nos. 8398-04L, 8399-04L. Filed September 15, 2005. Ps are qualified labor organizations under I.R.C. sec. 501(c)(5) and are exempt from taxation under I.R.C. sec. 501(a). Ps did not timely file annual returns required by I.R.C. sec. 6033(a)(1). R assessed penalties against Ps under I.R.C. sec. 6652(c)(1) for failure to timely file those returns. Pursuant to I.R.C. sec. 6330(a), R issued notices of determination, attempting to collect the penalties by levy. Ps filed petitions contesting R’s determination. R filed motions to dismiss for lack of jurisdiction. Held: The Tax Court does not have jurisdiction over I.R.C. sec. 6652(c)(1) penalties for purposes of I.R.C. sec. 6330, and R’s motions will be granted.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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