- 10 - awkwardness, confusion, and ambiguity. See Strunk & White, The Elements of Style 28-31 (4th ed. 2000); see also Richmond, Legal Writing: Form and Function 145-147 (2002). The clause “in which the unpaid tax does not exceed $50,000” acts as a modifier to a noun, and the noun “determination” immediately precedes “in which the unpaid tax does not exceed $50,000”. We conclude that the $50,000 limit refers to the total unpaid tax as of the date of the determination. Accordingly, we hold that for purposes of deciding whether a section 6330 collection case may proceed under the small tax case procedures provided for in section 7463(f)(2), the date the Commissioner issues the notice of determination is the date on which the amount of unpaid tax should be calculated.11 The total unpaid tax on the date respondent issued the notice of determination exceeds the $50,000 limit provided in section 7463(f)(2). We will therefore deny petitioners’ request to have this case proceed under the small tax case procedures. To reflect the foregoing, An appropriate order will be issued. 11 The total amount of unpaid tax is often omitted from notices of determination issued pursuant to sec. 6330. The Commissioner could assist taxpayers and the Court if he were to calculate the total unpaid tax as of the date of the sec. 6330 notice of determination and include it in the notice.Page: Previous 1 2 3 4 5 6 7 8 9 10Last modified: November 10, 2007