Jerry and Patricia A. Dixon, et al. - Page 48

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               Plainly, the court of appeals lacks jurisdiction to                    
               decide an issue that was not the subject of the Tax                    
               Court proceeding or to grant relief that is beyond the                 
               powers of the Tax Court itself.  [Id. at 6.]                           
          We conclude our discussion of McCoy by noting, as does                      
          respondent, that the Supreme Court, in overruling the forgiveness           
          of a generally applicable statutory interest accrual on                     
          deficiencies under section 6601 by the Court of Appeals for the             
          Sixth Circuit, had no occasion to address a court’s inherent                
          authority to impose sanctions in a case of Government misconduct.           
               Moreover, in Estate of Branson v. Commissioner, 264 F.3d 904           
          (9th Cir. 2001), the Court of Appeals for the Ninth Circuit                 
          adopted an expansive view of the Tax Court’s equitable or                   
          inherent powers.  The court stated:                                         
               “the Tax Court exercises its judicial power in much the                
               same way as the federal district courts exercise                       
               theirs.”  Freytag v. Commissioner of Internal Revenue,                 
               501 U.S. 868, 891, 111 S.Ct. 2631, 115 L.Ed.2d 764                     
               (1991).  This includes the authority to apply the full                 
               range of equitable principles generally granted to                     
               courts that possess judicial powers.  “Even if the Tax                 
               Court does not have far-reaching general equitable                     
               powers, it can apply equitable principles and exercise                 
               equitable powers within its own jurisdictional                         
               competence.”  Estate of Ashman v. Commissioner of                      
               Internal Revenue, 231 F.3d 541, 545 (9th Cir. 2000);                   
               See also Kelley [v. Commissioner], 45 F.3d [348] at 352                
               [(9th Cir. 1995)] (Tax Court has equitable power to                    
               reform agreements between taxpayer and IRS); Buchine v.                
               Commissioner of Internal Revenue Service, 20 F.3d 173,                 
               178 (5th Cir. 1994) (holding that the Tax Court had the                
               authority to apply the “equitable principle of                         
               reformation to a case over which it had jurisdiction”).                
               [Id. at 908-909.]                                                      








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