Theodore C. and Denise M. Schwartz - Page 5

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          decide whether the Court has the authority to decide this case              
          pursuant to the small tax case provisions of section 7463.                  
               Section 7463(a) allows the small tax case procedures to be             
          used for cases                                                              
               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)  * * *                       
                    [Emphasis added.]                                                 
          Prior to December 21, 2000, there was no statutory authority for            
          utilizing the small tax case procedures for section 6330                    
          collection cases.  However, effective December 21, 2000, the                
          Community Renewal Tax Relief Act of 2000, Pub. L. 106-554, sec.             
          313(b)(1), 114 Stat. 2763A-642, added section 7463(f), which                
          provides:                                                                   
                    SEC. 7463(f).  Additional Cases in Which                          
               Proceedings May Be Conducted Under This Section.--At                   
               the option of the taxpayer concurred in by the Tax                     
               Court or a division thereof before the hearing of the                  
               case, proceedings may be conducted under this section                  
               (in the same manner as a case described in subsection                  
               (a)) in the case of--                                                  





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