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The United States Tax Court
is a unique tribunal. It was originally created as the United
States Board of Tax Appeals and functioned as an independent
agency in the executive branch of the government. Pursuant
to the Tax Reform Act of 1969 (83 Stat. 730), its name was
changed to United States Tax Court, and it is now an independent
judicial body in the legislative branch.
The Tax Court adjudicates
various controversies involving overpayments or underpayments
of taxes. Unlike the district courts, the Tax Court does not
require a citizen to pay the amount of tax in dispute and
file a claim for a refund before it will hear and decide the
matter. The taxpayer must, however, request and receive from
the Internal Revenue Service a statutory notice of deficiency
that states the disputed sum. The Tax Court has no jurisdiction
unless the notice has been issued and a petition for a hearing
has been filed within a specified time.
Simplified procedures are
available for small tax cases where the amount in controversy
does not exceed $10,000. The decision of the Tax Court in
such a case is final and is not subject to review by any court.
The Tax Court has jurisdiction
to render declaratory judgments in many areas, such as the
qualification of retirement plans, the tax-exempt status of
charitable organizations, and the status of interest on certain
government obligations. In addition, the Tax Court may issue
injunctions in certain assessment cases and decide taxpayers'
appeals from denial of administrative costs by the Internal
Revenue Service.
All Tax Court decisions, except
those in small tax cases, are subject to review by the courts
of appeals and, by writ of certiorari, by the United States
Supreme Court.
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