Gilda A. Petrane - Page 9




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          deficiency case, the dollar limit for using small tax case                  
          procedures under section 7463(a) is determined on a per-year                
          basis.  However, in Schwartz v. Commissioner, supra at 12, we               
          held that the $50,000 limit in section 7463(f)(2), providing for            
          small tax case procedures in a section 6330 collection case,                
          “refers to the total amount of unpaid tax which the Commissioner            
          has determined to collect.  The fact that the unpaid tax for each           
          year, period, or taxable event does not exceed $50,000 is                   
          irrelevant.”  In Schwartz, we reasoned that                                 
               The dollar limit is clearly expressed in terms of the                  
               “case” of “an appeal * * * to the Tax Court of a                       
               determination in which the unpaid tax does not exceed                  
               $50,000.”  The dollar limit refers to the amount of                    
               unpaid tax the collection of which is being challenged.                
               The dollar limit in section 7463(f)(2) is a condition                  
               that must be met before a section 6330 collection case                 
               can qualify to be conducted as a small tax case in the                 
               same manner as a case described in subsection (a).  If                 
               Congress had intended that the $50,000 limitation in                   
               subsection (f)(2) be applied to the amount of tax for                  
               each year, period, or taxable event, it surely knew how                
               to do so; and it presumably would have used the same                   
               terminology as in section 7463(a).                                     
          Id. at 11 (fn. ref. omitted).                                               
               Paragraph (1) of section 7463(f) is similar to paragraph (2)           
          in this respect.  The dollar limit in paragraph (1) is expressed            
          in terms of “a petition to the Tax Court under section 6015(e) in           
          which the amount of relief sought does not exceed $50,000”.  The            
          statute clearly refers to the amount of relief sought in a                  
          petition.  We therefore hold that the $50,000 limit in section              
          7463(f)(1) refers to the total amount of relief sought in the               






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