- 4 - entrusted to Article I courts. See Freytag v. Commissioner, 501 U.S. 868 (1991); Redhouse v. Commissioner, 728 F.2d 1249 (9th Cir. 1984), affg. 79 T.C. 355 (1982); Nash Miami Motors, Inc. v. Commissioner, 358 F.2d 636 (5th Cir. 1966), affg. T.C. Memo. 1964-230; Rowlee v. Commissioner, 80 T.C. 1111 (1983). Additionally, the Court of Appeals for the Ninth Circuit, to which an appeal in this case would normally lie, has stated: "we have often upheld Tax Court decisions which were based on a constitutional inquiry." Rager v. Commissioner, 775 F.2d 1081, 1083 (9th Cir. 1985), affg. T.C. Memo. 1984-563. Petitioner further argues that he is denied due process of law and equal protection by being required to pay the deficiency as a precondition to litigating in the U.S. District Court. A taxpayer has alternative avenues of judicial review available to contest the Commissioner's determination of a deficiency in tax. The taxpayer may either pay the deficiency and sue for a refund in the District Court or the Claims Court, or the taxpayer may withhold payment and petition the Tax Court. In either case, a decision of the trial court may be reviewed in the Court of Appeals and ultimately in the Supreme Court. These procedures satisfy due process. See Redhouse v. Commissioner, supra; Stonecipher v. Bray, 653 F.2d 398 (9th Cir. 1981); Willmut Gas & Oil Co. v. Fly, 322 F.2d 301 (5th Cir. 1963). Petitioner has voluntarily chosen to have his dispute resolved in this Court. This Court operates pursuant to statute,Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011