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Unlike the dollar limitation in section 7463(a) that refers to
“the amount of the deficiency placed in dispute,”8 the dollar
limitation in section 7463(f)(2) refers to the amount of “unpaid
tax”. Section 7463(f)(2), not section 7463(a), controls whether
7(...continued)
the reference to subsec. (d)(1)(A) in sec. 7463(f)(2) was not
changed. In any event, the amendment does not affect this case
because the determination was made on Aug. 1, 2006. See Schwartz
v. Commissioner, supra at 9 n.4.
8 Sec. 7463(a) provides:
SEC. 7463(a). In General.--In the case of any
petition filed with the Tax Court for a redetermination
of a deficiency where neither the amount of the
deficiency placed in dispute, nor the amount of any
claimed overpayment, exceeds--
(1) $50,000 for any one taxable year, in
the case of the taxes imposed by subtitle A,
(2) $50,000, in the case of the tax
imposed by chapter 11,
(3) $50,000 for any one calendar year, in
the case of the tax imposed by chapter 12, or
(4) $50,000 for any 1 taxable period (or,
if there is no taxable period, taxable event)
in the case of any tax imposed by subtitle D
which is described in section 6212(a)
(relating to a notice of deficiency),
at the option of the taxpayer concurred in by the Tax
Court or a division thereof before the hearing of the
case, proceedings in the case shall be conducted under
this section. Notwithstanding the provisions of
section 7453, such proceedings shall be conducted in
accordance with such rules of evidence, practice, and
procedure as the Tax Court may prescribe. A decision,
together with a brief summary of the reasons therefor,
in any such case shall satisfy the requirements of
sections 7459(b) and 7460.
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