Estate of Edward J. Kunze, Deceased, Carol Ann Hause, Executor - Page 12




                                       - 12 -                                         
          section 7430(c)(4)(D).  Moreover, the retroactive application of            
          a tax statute is not suspect “where it involves a mere change in            
          rate or a technical amendment.”  Howell v. Commissioner, 77 T.C.            
          916, 921 (1981).  Finally, the fact that Congress acted promptly            
          to correct the error and established only a modest period of                
          retroactivity supports the conclusion that petitioner’s due                 
          process rights have not been violated.  See United States v.                
          Carlton, supra at 34.  For these reasons, the retroactive                   
          application of the technical correction to section 7430(c)(4)(D)            
          does not violate due process.                                               
               Petitioner appears to fashion a second due process claim               
          based on the contention that the statutory scheme for                       
          jurisdiction in interest abatement cases, involving “three                  
          statutes contained in two different titles of the U.S. Code”,               
          provides inadequate notice of the requirements for Tax Court                
          review and thereby offends due process.  More specifically,                 
          petitioner contends that, given their subject matter differences,           
          an amendment to section 7430(c)(4)(D) gives no indication of a              
          change in section 6404.  In support of this argument, petitioner            
          cites Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306             
          (1950), and quotes from Walthall v. United States, 131 F.3d 1289,           
          1294 (9th Cir. 1997).5   However, both of these cases address the           


               5 Although petitioner attributes the quotation to United               
          States v. Jose, 131 F.3d 1325 (9th Cir. 1997), its source is                
          Walthall v. United States, 131 F.3d 1289, 1294 (9th Cir. 1997).             





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011