- 6 - (2000); Naftel v. Commissioner, 85 T.C. 527, 529 (1985). This Court generally has deficiency jurisdiction over income, gift, and estate tax cases. See secs. 6211(a), 6213(a), 6214(a); Downing v. Commissioner, 118 T.C. 22, 27 (2002); Van Es v. Commissioner, 115 T.C. 324, 328 (2000). For purposes of section 6330(d), this Court may have jurisdiction over an underlying liability for income, estate, or gift tax even when no deficiency has been determined. Montgomery v. Commissioner, 122 T.C. 1, 7-8 (2004); Downing v. Commissioner, supra at 27-28; Landry v. Commissioner, 116 T.C. 60, 62 (2001). However, the Court’s jurisdiction over collection matters under section 6330(d)(1) is limited to the types of tax over which it normally has jurisdiction. See Van Es v. Commissioner, supra at 328-329; Moore v. Commissioner, supra at 175. Section 7436(a) confers jurisdiction over employment tax liabilities on this Court, but the Court’s jurisdiction is limited to controversies involving a worker’s employment status.7 See Charlotte’s Office Boutique v. Commissioner, 121 T.C. 89, 102-103 (2003), supplemented by T.C. Memo. 2004-43, affd. 425 F.3d 1203 (9th Cir. 2005); Ewens & Miller, Inc. v. Commissioner, 117 T.C. 263, 267 (2001). Respondent argues that this Court lacks jurisdiction over Mr. Salazar’s employment tax liabilities 7Sec. 7436(a) was amended by the Consolidated Appropriations Act of 2001, Pub. L. 106-554, sec. 314(f), 114 Stat. 2763A-643, to confer such jurisdiction.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011