Opinion

Estate of Young v. Commissioner

  • 81 T.C. 879
  • 81 T.C. No. 54
  • 1983 U.S. Tax Ct. LEXIS 12
Court
United States Tax Court
Filed
Nov 17, 1983
Status
Published
Author
Goffe
On the bench
Dawson,Goffe,Sterrett,Chabot,Fay,Whitaker,Swift
Cited by
86 cases
Authority
More cited than 10.4%

holding this Court generally lacks jurisdiction over the sec. 6651(a)(2) addition to tax for failure to pay tax

How later courts described this case

  • holding this Court generally lacks jurisdiction over the sec. 6651(a)(2) addition to tax for failure to pay tax
  • no jurisdiction over late payment addition to tax because not "attributable to a deficiency"

Written by the judges who cited it.

Distinguished

  • Distinguished by Estate of Forgey v. Commissioner, 115 T.C. 142 (2000)

    ” However, in Estate of Young v. Commissioner, 81 T.C. 879, 886-887 (1983), we held that Hannan was inapposite to the case where the addition to tax is attributable to the amount shown as tax by the taxpayer on the return.
    United States Tax CourtAug 16, 2000Read it

The opinion

Goffe, J., concurring: I agree with the holding of the majority wherein it decides that this Court lacks jurisdiction. The majority carefully éxamines the deficiency procedures, including the statutory framework based upon the definition of a "deficiency.” It concludes that the addition to tax in the instant case is beyond the scope of our jurisdiction because it is not attributable to a "deficiency,” as defined in section 6211(a).

I agree with the analysis by the majority, but point out, however, that it is totally inconsistent with the holding of the majority in Scar v. Commissioner, 81 T.C. 855 (1983), in which the definition of a "deficiency” in section 6211(a) was characterized as follows ( 81 T.C. at 861 ):

The definition of a "deficiency” contained in section 6211(a) does not require a different conclusion. As we see it, this definition simply outlines the method by which a notice of deficiency should be constructed and does not affect the jurisdiction of this Court. * * *

In the instant case, the sole issue before the Court is decided upon the definition of a "deficiency” contained in section 6211(a). For the reasons set forth in detail in my dissenting opinion in Scar v. Commissioner, supra at 869-879 , I concur with the majority in the instant case and conclude that the definition of a "deficiency” is inextricably related to the jurisdiction of this Court.

Sterrett, J., agrees with this concurring opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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