John C. Bedrosian and Judith D. Bedrosian - Page 5




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               On September 5, 2006, respondent issued an affected items              
          notice of deficiency to petitioners.  The affected items notice             
          was mailed after the 150-day period for filing a partnership                
          proceeding had expired.  Petitioners timely filed a petition in             
          response to the affected items notice of deficiency.                        
                                     Discussion                                       
          Respondent’s Motion To Dismiss                                              
               The Tax Court is a court of limited jurisdiction, and we may           
          exercise our jurisdiction only to the extent provided by                    
          Congress.  See sec. 7442; see also GAF Corp. & Subs. v.                     
          Commissioner, 114 T.C. 519, 521 (2000).  We have jurisdiction to            
          redetermine a deficiency if a valid notice of deficiency is                 
          issued by the Commissioner and if a timely petition is filed by             
          the taxpayer.  Id.  We have jurisdiction in this case if                    
          petitioners did not previously pay any deficiencies.                        
               A.  Remittance                                                         
               On August 30, 2005, petitioners remitted a check for                   
          $4,276,377.  The written statement attached to the check                    
          indicated that petitioners were making a payment of tax and                 
          interest.  Petitioners argue that they did not make a payment,              
          but instead furnished a cash bond or in the alternative, made a             
          deposit.  Section 6603(a) provides:                                         










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