Estate of Frank A. Branson - Page 63




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          Commissioner, 142 F.2d 746 (3d Cir. 1944), affg. 40 B.T.A. 664              
          (1939); Monjar v. Commissioner, 140 F.2d 263 (2d Cir. 1944),                
          affg. an unreported Order of the Board of Tax Appeals; Denholm &            
          McKay Co. v. Commissioner, 132 F.2d 243 (1st Cir. 1942), vacating           
          41 B.T.A. 986 (1940) and reinstating 39 B.T.A. 767 (1939); see              
          also Helvering v. Northern Coal Co., 293 U.S. 191 (1934).                   
               These prior cases do not address the current status of this            
          Court as a court of law that performs exclusively judicial                  
          functions.  None of these cases, therefore, has any bearing on              
          the types of powers that this Court is authorized to exercise in            
          performing our judicial functions.  The Supreme Court                       
          acknowledged so much in Freytag when the Court held that Congress           
          constitutionally established the United States Tax Court as a               
          court of law that "[exercises] judicial power and perform[s]                
          exclusively judicial functions" and, in so holding, rejected the            
          Commissioner's argument that the 1969 Act "simply changed the               
          status of the Tax Court within * * * [the executive] branch."               
          Freytag v. Commissioner, supra at 885, 892.  It naturally follows           
          from Congress' elevation of this Court to an "exclusively                   
          judicial" court that this Court possesses all of the inherent               
          powers of the judiciary and that this Court's legal and equitable           
          powers are diametrically different from this Court's executive              
          agency predecessors which wielded executive powers only.                    







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