- 44 - Although the Eighth Circuit in Bartman interchangeably used terms that are not synonymous in the Federal tax law, after a careful reading of the Eighth Circuit’s opinion in Bartman (and its opinion in Sjodin that relied on Bartman), I believe that the Eighth Circuit in Bartman (and in Sjodin) construed the language “a deficiency has been asserted” that appears in the phrase “against whom a deficiency has been asserted” to mean “a deficiency has been determined” by the Commissioner in a notice of deficiency.19 In reaching that conclusion, the Eighth Circuit 19Before the Eighth Circuit in Bartman began to use interchangeably various terms that have different meanings in the Federal tax law, see supra note 17, the Eighth Circuit stated: Congress created the United States Tax Court “to provide taxpayers with a means of challenging assessments made by the Commissioner without first having to pay the alleged deficiency. Without such a forum, taxpayers would have to pay the asserted deficiency and then initiate a suit in federal district court for a refund.” Samuels, Kramer & Co. v. Comm'r, 930 F.2d 975, 979 (2d Cir. 1991). As an Article I court, the tax court is a court of “strictly limited jurisdiction.” Kelley v. Comm'r, 45 F.3d 348, 351 (9th Cir. 1995). A notice of deficiency issued by the IRS pursuant to � 6212 is the taxpayer's jurisdictional “ticket to the Tax Court.” Bokum v. Comm'r, 992 F.2d 1136, 1139 (11th Cir. 1993) (quoting Stoecklin v. Comm'r, 865 F.2d 1221, 1224 (11th Cir. 1989)); Spector v. Comm'r, 790 F.2d 51, 52 (8th Cir. 1986) (per curiam) (citing Laing v. United States, 423 U.S. 161, 165, 96 S.Ct. 473, 46 L.Ed.2d 416 n. 4 (1976), and holding that “the determination of a deficiency and the issue of a notice of deficiency is an absolute precondition to tax court jurisdiction”). Accordingly, the IRC provides that the tax court has jurisdiction over petitions for review from determinations regarding the availability of � 6015 relief only where a deficiency has been (continued...)Page: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
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