Michael Patrick and Debye Lee Leahy - Page 5

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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            

          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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