- 34 - also United States v. Beggerly, supra at 45-46, and a court has jurisdiction over that proceeding if it had jurisdiction over the original suit, Smith v. Widman Trucking & Excavating, Inc., 627 F.2d 792, 799 (7th Cir. 1980); see also Charter Township v. City of Muskegon, 303 F.3d 755, 760-763 (6th Cir. 2002). B. This Court’s Predecessors The roots of this Court, the United States Tax Court, are traced to the Revenue Act of 1924, ch. 234, sec. 900(a), (k), 43 Stat. 336, 338, wherein Congress established the Board of Tax Appeals (Board) as “an independent agency in the executive branch of the Government.” In the Revenue Act of 1942, ch. 619, sec. 504, 56 Stat. 798, 957, Congress changed the name of the Board to the “Tax Court of the United States” but did not change the latter tribunal’s designation as an independent agency within the Executive Branch. That designation was changed in the Tax Reform Act of 1969 (1969 Act), Pub. L. 91-172, sec. 951, 83 Stat. 487, 730. There, through its enactment of section 7441, Congress “hereby established, under article I of the Constitution of the United States, a court of record to be known as the United States Tax Court.” The predecessors to this Court were not courts of law, and they did not possess the judicial powers of a District Court. As independent agencies in the Executive Branch, this Court’s predecessors had only those powers which were conferred upon themPage: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
Last modified: May 25, 2011