- 26 - afford taxpayers due process in collections will increase fairness to taxpayers.”). Section 6330(d): Jurisdiction Our collection action review jurisdiction is set forth in section 6330(d). Section 6330(d) provides: “(1) Judicial Review of Determination.--The person may, within 30 days of a determination under this section, appeal such determination--(A) to the Tax Court (and the Tax Court shall have jurisdiction with respect to such matter)”. The requirements for exercising our jurisdiction under section 6330 are that “we have general jurisdiction over the type of tax involved, a ‘determination’ by Appeals and a timely [filed] petition”. Lunsford v. Commissioner, 117 T.C. 159, 161 (2001). Petitioner filed a timely petition with the Court in this case in response to the notice of determination. Accordingly, we have jurisdiction over petitioner’s case, and the instant controversy is within the jurisdiction of the Court. Id.; see Woods v. Commissioner, 92 T.C. 776, 787 (1989). Once a taxpayer invokes the jurisdiction of the Court, jurisdiction lies with the Court and remains unimpaired until the Court has decided the controversy. Naftel v. Commissioner, 85 T.C. 527, 529-530 (1985); Dorl v. Commissioner, 57 T.C. 720, 722 (1972), affd. 507 F.2d 406 (2d Cir. 1974).Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011