- 134 - 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.]Page: Previous 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 Next
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