Michael Patrick and Debye Lee Leahy - Page 10




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          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.                       






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