Estate of Willis Edward Clack, Deceased, Marshall & Ilsley Trust Company, Co-Personal Representative, and Richard E. Clack, Co-Personal Representative - Page 56

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               As amended in 1966 to its current form, section 7482(b)(1)             
          was part of a change in venue for both criminal tax and Tax Court           
          cases.  The general purpose of the change was to better disperse            
          the appeals among the various circuits and to model venue for Tax           
          Court appeals after the provision of existing law prescribing               
          venue for tax refund suits in the U.S. District Courts.  S. Rept.           
          1625, 89th Cong. 2d Sess. (1966), 1966-2 C.B. 803, 808.                     
               So what is the proper venue for tax refund suits after which           
          the Tax Court's venue statute is modeled?  Section 1346(a)(1) of            
          title 28 places original jurisdiction in the U.S. District Courts           
          or the U.S. Court of Federal Claims for any suit against the                
          United States for refund of Federal taxes.9  Section 1402(a)(1)             
          of title 28 provides that proper venue for such a suit is only in           
          the judicial district in which the individual "plaintiff"                   
          resides.10  Section 1402(a)(2) of title 28 provides that venue              

          9  28 U.S.C. sec. 1346(a)(1) (1994) provides:                               
                    (a) The district courts shall have original                       
               jurisdiction concurrent with the United States Court of                
               Federal Claims, of:                                                    
                         (1) Any civil action against the United                      
                    States for the recovery of any internal-revenue                   
          tax alleged to have been erroneously or illegally assessed or               
          collected, or any penalty claimed to have been excessive or in              
          any manner wrongfully collected under the internal-revenue laws;            
          10  28 U.S.C. sec. 1402(a) (1994) provides:                                 
                    (a) Any civil action in a district court against                  
               the United States under subsection (a) of section 1346                 
               of this title may be prosecuted only:                                  
                         (1) Except as provided in paragraph (2), in                  
                                                             (continued...)           



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