- 56 - 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...)Page: Previous 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 Next
Last modified: May 25, 2011