- 8 - Court has jurisdiction to determine (1) whether an individual providing services to a person is that person’s employee for purposes of subtitle C, (2) whether the person, if in fact an employer, is entitled to relief under section 530 of the Revenue Act of 1978, and (3) the correct amount of employment taxes which relate to the Commissioner’s determination concerning worker classification. Thus, because respondent has issued a notice of determination that the individuals in question were petitioner’s employees and that petitioner owes employment taxes and additions to tax with respect thereto, we have jurisdiction to hear petitioner’s challenge to respondent’s determination. II. Period of Limitations Petitioner next argues that the notice of determination is invalid because it was sent after the expiration of the period of limitations. Section 6501(a) provides: “Except as otherwise provided in this section, the amount of any tax imposed by this title shall be assessed within 3 years after the return was filed (whether or not such return was filed on or after the date prescribed)”. However, if the taxpayer fails to file a return, the Commissioner may assess the tax at any time. Sec. 6501(c)(3). 2(...continued) Cir. 1984). To the extent petitioner attempts to state a claim under sec. 7214, we are without jurisdiction to hear that claim. See, e.g., Rice v. Commissioner, T.C. Memo. 1978-334.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011