You are on page 1of 2


Professor Yochum
August 27, 2007
Begin chapter 2 on Wednesday
From last class: Marginal and Effective rate of taxation
Tax Procedure mostly done through administrative agency
Statute of Limitations in a broad sense there are many specific statute
of limitations Primary statute is 3 years from the due date of the return.
Audits most returns are only scanned by computers looking for
variances outside of the tolerance zone. Then they are kicked out and
looked at by a person. 6 year statute of limitation for substantial
If you file no return or you file a fraudulent return there IS NO statute of
IRS is collecting arm of the Dept. of Treasury. Many divisions of the IRS.
Commissioner of Tax is appointed by the president. IRS has reorganized
from a geographical divisions into types of tax payers.
CID Criminal Investigation Division - investigation of drug dealers,
criminals, etc. they carry guns.
IRS issues the statutory notice of deficiency, or also called ticket to tax
court or 90 day letter. This 90 day letter creates a judgment against you if
you do not file anything against it. Deficiency creates a lien or mortgage
on your property which can be collected if sold.
Refund litigation - Full payment rule before you are able to litigate a
refund action, you must pay the full amount the IRS thinks you owe.
Burden of proof and persuasion is on the taxpayer. The IRS has the
presumption of correctness.
Tax payers Bill of Rights mollify or provide window dressing comfort to
taxpayers who might be in a situation.
Main tax court is in the District of Columbia, there are about 29 judges in total. They go
to the different regions to sit for cases.
T.C.M. Tax Court Memorandums factual example of application of the law; least
influential of all the decisions. Useful in practice to provide example of the application
Burke v. Commissioner
73 T.C.M. 2291
Tax law from case law perspective
90 day letter you have 90 days to petition the tax court of the US to hear your claim
Advantage dont have to pay the disputed tax until the dispute has been decided.
(opposite of the full payment rule)

Tax court is NOT an Article III court with open courts. It is an Article I court and it kept
be kept from public view. Article I courts there is NO jury. Only judges who are expert in
Tax Court Appeals
Go to the circuit court where the taxpayer is from
Circuit Courts opinions are binding on the Tax Court in the circuit they are from
Refund Litigation
Make a claim for refund
Agency considers claim for refund even if you did not respond to the 90 day letter
IRS denies claim for refund
May file a suit against the US for refund in the District Court where the taxpayer
resides. (or court of claims in D.C.)
Difference b/w tax court and district court district court is not a specialized
court and you may have a jury and precedent and appeals are the same as any
other case in the DC.
Internal Revenue Code of 1986
Country was in the economic crapper
o Inflation was rampant
o Tax collections were bad
o Tax sheltered investments were in a scandal
o Reagan-omitcs anti-tax rhetoric
o Graham/Rundum any legislation that was proposed had to have a way to
pay for it built in
4 Goals of the 1986 Code
o Fairness
o Simplicity
o Broad basedness
o Revenue neutrality