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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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Last modified: March 27, 2008