- 6 - followed where the Commissioner issues a notice of deficiency to a taxpayer who has a pending refund action, provides for the stay of the refund action and, where appropriate, the shifting of jurisdiction to the Tax Court. Section 7422(e) provides in pertinent part as follows: SEC. 7422(e). Stay Of Proceedings.–-If the Secretary prior to the hearing of a suit brought by a taxpayer in a district court or the United States Claims Court for the recovery of any income tax, estate tax, gift tax, or tax imposed by chapter 41, 42, 43, or 44 (or any penalty relating to such taxes) mails to the taxpayer a notice that a deficiency has been determined in respect of the tax which is the subject matter of taxpayer’s suit, the proceedings in taxpayer’s suit shall be stayed during the period of time in which the taxpayer may file a petition with the Tax Court for a redetermination of the asserted deficiency, and for 60 days thereafter. If the taxpayer files a petition with the Tax Court, the district court or the United States Claims Court, as the case may be, shall lose jurisdiction of taxpayer’s suit to whatever extent jurisdiction is acquired by the Tax Court of the subject matter of taxpayer’s suit for refund. If the taxpayer does not file a petition with the Tax Court for a redetermination of the asserted deficiency, the United States may counterclaim in the taxpayer’s suit, or intervene in the event of a suit as described in subsection (c) (relating to suits against officers or employees of the United States), within the period of the stay of proceedings notwithstanding that the time for such pleading may have otherwise expired. * * * Section 7422(e) does not provide for the tolling of the normal 90-day period during which a petition for redetermination is required to be filed with this Court under section 6213(a). Cf. sec. 6213(f)(1). The plain language of section 7422(e) indicates that, if the Commissioner issues a notice of deficiency to a taxpayer who has a pending refund action, the taxpayer mustPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011