- 4 - employment tax issues in some instances, we have jurisdiction in the present case. Respondent counters that this is not a case involving redetermination of employment status. This Court is a court of limited jurisdiction, and we may exercise our jurisdiction only to the extent authorized by Congress. Sec. 7442. The Court’s jurisdiction over collection matters under section 6330(d)(1) is limited to situations where the Court has jurisdiction over the “underlying tax liability”. We read “underlying tax liability” in section 6330(d)(1)(B) to be case specific. Our jurisdiction in employment tax matters is likewise limited, and petitioner concedes that we would lack jurisdiction under section 7436 to address the merits of the employment tax and penalties which respondent is attempting to collect. Because we do not have jurisdiction over the underlying tax liability in this case, we do not have jurisdiction over the related collection action. See Moore v. Commissioner, 114 T.C. 171 (2000); see also Gorospe v. Commissioner, ___ F.3d ___ (9th Cir. 2006). 2(...continued) of the Revenue Act of 1978 with respect to such an individual, upon the filing of an appropriate pleading, the Tax Court may determine whether such a determination by the Secretary is correct and the proper amount of employment tax under such determination. Any such redetermination by the Tax Court shall have the force and effect of a decision of the Tax court and shall be reviewable as such.Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011