Warren D. Ward - Page 5




                                        - 4 -                                         
          penalty and the income tax liabilities that had been assessed.              
          The settlement officer ultimately concluded that the proposed               
          levy should be sustained.  Respondent issued a notice of                    
          determination with respect to the civil penalty and a separate              
          notice of determination for the income tax liabilities.                     
               Petitioner filed a timely petition with the Court.  By Order           
          dated May 4, 2006, we dismissed this case for lack of                       
          jurisdiction to the extent petitioner sought review of the notice           
          of determination concerning the civil penalty.  The Order makes             
          clear that we have jurisdiction only with respect to the notice             
          of determination that addresses petitioner’s income tax                     
          liabilities.4                                                               
               After a hearing in June 2006, we remanded this case to                 
          respondent’s Office of Appeals, and petitioner’s case was                   
          assigned to a different settlement officer.  The settlement                 
          officer provided petitioner with several documents, including               


               4 Our jurisdiction to review the Commissioner’s collection             
          activity requires that we have jurisdiction over the underlying             
          type of tax involved, Andre v. Commissioner, 127 T.C. 68, 70                
          (2006), and historically we have not had jurisdiction to review             
          the sec. 6702 penalty, Van Es v. Commissioner, 115 T.C. 324,                
          328-329 (2000).  On Aug. 17, 2006, Congress enacted the Pension             
          Protection Act of 2006 (the Act), Pub. L. 109-280, 120 Stat. 780.           
          The Act amends sec. 6330(d)(1) to give the Tax Court jurisdiction           
          to review the Commissioner’s collection activity regardless of              
          the underlying type of tax involved.  However, the amendment to             
          sec. 6330(d)(1) is effective only for determinations made after             
          Oct. 16, 2006.  Act sec. 855, 120 Stat. 1019.  Because the                  
          determination in this case was made before that date, we lack               
          jurisdiction to review the sec. 6702 penalty.                               






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: November 10, 2007