Legal Opinion

SEIU v. Comm'r

United States Tax Court

Decided September 15, 2005No. Nos. 8398-04L, 8399-04LPublished

Ps are qualified labor organizations under I.R.C. sec. 501(c)(5) and are exempt from taxation under I.R.C. sec. 501(a). Ps did not timely file annual returns required by I.R.C. sec. 6033(a)(1). R assessed penalties against Ps under I.R.C. sec. 6652(c)(1) for failure to timely file those returns. Pursuant to I.R.C. sec. 6330(a), R issued notices of determination, attempting to collect the penalties by levy. Ps filed petitions contesting R's determination.

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Ps are qualified labor organizations under I.R.C. sec. 501(c)(5) and are exempt from taxation under I.R.C. sec. 501(a). Ps did not timely file annual returns required by I.R.C. sec. 6033(a)(1). R assessed penalties against Ps under I.R.C. sec. 6652(c)(1) for failure to timely file those returns. Pursuant to I.R.C. sec. 6330(a), R issued notices of determination, attempting to collect the penalties by levy. Ps filed petitions contesting R's determination. R filed motions to dismiss for lack of jurisdiction. Held: The Tax Court does not have jurisdiction over I.R.C. sec. 6652(c)(1) penalties…

1Opinion of the Court

SERVICE EMPLOYEES INTERNATIONAL UNION, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent 100 OAK STREET CORPORATION, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

SEIU v. Comm'r

Nos. 8398-04L, 8399-04L

United States Tax Court

125 T.C. 63; 2005 U.S. Tax Ct. LEXIS 25; 125 T.C. No. 5;

September 15, 2005, Filed

Ps are qualified labor organizations under I.R.C. sec. 501(c)(5) and are exempt from taxation under I.R.C. sec. 501(a). Ps did

not timely file annual returns required by I.R.C. sec.

6033(a)(1). R assessed penalties against Ps under I.R.C. sec.

6652(c)(1) for failure to timely…

2Cases cited10 opinions

  1. Naftel v. CommissionerUnited States Tax Court · 1985
  2. Montgomery v. Comm'rUnited States Tax Court · 2004
  3. Landry v. CommissionerUnited States Tax Court · 2001
  4. Moore v. CommissionerUnited States Tax Court · 2000
  5. Van Es v. CommissionerUnited States Tax Court · 2000

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