- 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 NextLast modified: November 10, 2007