(a) Jurisdiction
Amended 1982, 1986
- 1986 Pub. L. 99-514 Pub. L. 99–514, § 1558(a), (b), inserted par. (1) designation and heading “In general” before existing text and realigned its margin, and added par. (2).
- 1982 Pub. L. 97-164 Pub. L. 97–164 inserted “(other than the United States Court of Appeals for the Federal Circuit)” after “The United States Courts of Appeals”.
(1) In general The United States Courts of Appeals (other than the United States Court of Appeals for the Federal Circuit) shall have exclusive jurisdiction to review the decisions of the Tax Court, except as provided in section 1254 of Title 28 of the United States Code, in the same manner and to the same extent as decisions of the district courts in civil actions tried without a jury; and the judgment of any such court shall be final, except that it shall be subject to review by the Supreme Court of the United States upon certiorari, in the manner provided in section 1254 of Title 28 of the United States Code.
(2) Interlocutory orders
(A) In general When any judge of the Tax Court includes in an interlocutory order a statement that a controlling question of law is involved with respect to which there is a substantial ground for difference of opinion and that an immediate appeal from that order may materially advance the ultimate termination of the litigation, the United States Court of Appeals may, in its discretion, permit an appeal to be taken from such order, if application is made to it within 10 days after the entry of such order. Neither the application for nor the granting of an appeal under this paragraph shall stay proceedings in the Tax Court, unless a stay is ordered by a judge of the Tax Court or by the United States Court of Appeals which has jurisdiction of the appeal or a judge of that court.
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(B) Order treated as Tax Court decision For purposes of subsections (b) and (c), an order described in this paragraph shall be treated as a decision of the Tax Court.
(C) Venue for review of subsequent proceedings If a United States Court of Appeals permits an appeal to be taken from an order described in subparagraph (A), except as provided in subsection (b)(2), any subsequent review of the decision of the Tax Court in the proceeding shall be made by such Court of Appeals.
(3) Certain orders entered under section 6213(a) An order of the Tax Court which is entered under authority of section 6213(a) and which resolves a proceeding to restrain assessment or collection shall be treated as a decision of the Tax Court for purposes of this section and shall be subject to the same review by the United States Court of Appeals as a similar order of a district court.
Amended 1988
- 1988 Pub. L. 100-647 Pub. L. 100–647 added par. (3).
(b) Venue
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(1) In general Except as otherwise provided in paragraphs (2) and (3), such decisions may be reviewed by the United States court of appeals for the circuit in which is located—
Amended 1966, 1974, 1976, 1978, 1982, 1986, 1997, 2015
- 2015 Pub. L. 114-74 Pub. L. 114–74, § 1101(f)(13)(C), substituted “section 6234” for “section 6226, 6228(a), or 6234(c)” in concluding provisions.
- 1997 Pub. L. 105-34 Pub. L. 105–34, § 1239(d)(2), substituted “, 6228(a), or 6234(c)” for “or 6228(a)” in concluding provisions.
- 1986 Pub. L. 99-514 Pub. L. 99–514, § 1810(g)(2), substituted “section 7428 or 7476” for “section 7428, 7476, or 7477” in last sentence.
- 1982 Pub. L. 97-248 Pub. L. 97–248 added subpar. (F), and in provisions following subpar. (F) inserted “, or the petition under section 6226 or 6228(a),” after “or 7477”.
- 1978 Pub. L. 95-600 Pub. L. 95–600, § 336(c)(1)(A), substituted “provided in paragraphs (2) and (3)” for “provided in paragraph (2)”.
- 1976 Pub. L. 94-455 Pub. L. 94–455, §§ 1042(d)(2)(B), 1306(b)(5), in provisions following subpar. (E), substituted “no subparagraph of the preceding sentence applies” for “subparagraph (A), (B), and (C) do not apply” and “section 7428, 7476, or 7477” for “section 7476”.
- 1974 Pub. L. 93-406 Pub. L. 93–406 added subpar. (C) and, in provisions following subpar. (C), substituted “If for any reason subparagraph (A), (B), and (C) do not apply” for “If for any reason neither subparagraph (A) nor (B) applies”, and inserted provisions referring to the time the petition seeking a declaratory decision under section 7476 was filed with the Tax Court.
- 1966 Pub. L. 89-713 Pub. L. 89–713 substituted provisions requiring that appeals from Tax Court decisions be made to the Court of Appeals for the circuit in which the taxpayer resides, in the case of a taxpayer other than a corporation, and, in the case of appeals by corporations, to the Court of Appeals for the circuit in which the corporation has its principal place of business or principal office or agency for provisions prescribing review by the Court of Appeals for the circuit in which was located the office to which was made the return of the tax in respect of which the liability arose, and inserted provision for the time of determining legal residence, place of business, or principal office or agency.
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(A) in the case of a petitioner seeking redetermination of tax liability other than a corporation, the legal residence of the petitioner,
(B) in the case of a corporation seeking redetermination of tax liability, the principal place of business or principal office or agency of the corporation, or, if it has no principal place of business or principal office or agency in any judicial circuit, then the office to which was made the return of the tax in respect of which the liability arises,
(C) in the case of a person seeking a declaratory decision under section 7476, the principal place of business, or principal office or agency of the employer,
(D) in the case of an organization seeking a declaratory decision under section 7428, the principal office or agency of the organization,
Amended 1976, 1984
- 1984 Pub. L. 98-369 Pub. L. 98–369 struck out subpar. (D) which provided that venue in the case of a person seeking declaratory judgment under section 7477 be the legal residence of such person if such person is not a corporation, or the principal place of business or principal office or agency of such person if such person is a corporation, and redesignated subpars. (E) and (F) as (D) and (E), respectively.
- 1976 Pub. L. 94-455 Pub. L. 94–455, § 1042(d)(2)(A), added subpar. (D).
(E) in the case of a petition under section 6234, the principal place of business of the partnership,
Amended 1976, 1984, 1986, 1997, 2015
- 2015 Pub. L. 114-74 Pub. L. 114–74, § 1101(f)(13)(A), which directed amendment of subpar. (E) by substituting “section 6234” for “section 6226, 6228, 6247, or 6252”, was executed by making the substitution for “section 6226, 6228(a), 6247, or 6252” to reflect the probable intent of Congress.
- 1997 Pub. L. 105-34 Pub. L. 105–34, § 1222(b)(3), substituted “, 6228(a), 6247, or 6252” for “or 6228(a)”.
- 1986 Pub. L. 99-514 Pub. L. 99–514, § 1899A(60), substituted “partnership.” for “partnership,”.
- 1984 Pub. L. 98-369 Pub. L. 98–369 struck out subpar. (D) which provided that venue in the case of a person seeking declaratory judgment under section 7477 be the legal residence of such person if such person is not a corporation, or the principal place of business or principal office or agency of such person if such person is a corporation, and redesignated subpars. (E) and (F) as (D) and (E), respectively.
- 1976 Pub. L. 94-455 Pub. L. 94–455, § 1306(b)(4), added subpar. (E).
(F) in the case of a petition under section 6015(e), the legal residence of the petitioner, or
Amended 1984, 1997, 2015
- 2015 Pub. L. 114-113 Pub. L. 114–113, § 423(a), added subpar. (F).
- 2015 Pub. L. 114-74 Pub. L. 114–74, § 1101(f)(13)(B), struck out subpar. (F) which read as follows: “in the case of a petition under section 6234(c)—
“(i) the legal residence of the petitioner if the petitioner is not a corporation, and
“(ii) the place or office applicable under subparagraph (B) if the petitioner is a corporation.”
- 1997 Pub. L. 105-34 Pub. L. 105–34, § 1239(d)(1), added subpar. (F).
- 1984 Pub. L. 98-369 Pub. L. 98–369 struck out subpar. (D) which provided that venue in the case of a person seeking declaratory judgment under section 7477 be the legal residence of such person if such person is not a corporation, or the principal place of business or principal office or agency of such person if such person is a corporation, and redesignated subpars. (E) and (F) as (D) and (E), respectively.
(G) in the case of a petition under section 6320 or 6330—
Amended 2015
- 2015 Pub. L. 114-113 Pub. L. 114–113, § 423(a), added subpar. (G).
(i) the legal residence of the petitioner if the petitioner is an individual, and
(ii) the principal place of business or principal office or agency if the petitioner is an entity other than an individual.
If for any reason no subparagraph of the preceding sentence applies, then such decisions may be reviewed by the Court of Appeals for the District of Columbia. For purposes of this paragraph, the legal residence, principal place of business, or principal office or agency referred to herein shall be determined as of the time the petition seeking redetermination of tax liability was filed with the Tax Court or as of the time the petition seeking a declaratory decision under section 7428 or 7476, or the petition under section 6234, was filed with the Tax Court.
(2) By agreement Notwithstanding the provisions of paragraph (1), such decisions may be reviewed by any United States Court of Appeals which may be designated by the Secretary and the taxpayer by stipulation in writing.
Amended 1976
- 1976 Pub. L. 94-455 Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.
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(3) Declaratory judgment actions relating to status of certain governmental obligations In the case of any decision of the Tax Court in a proceeding under section 7478, such decision may only be reviewed by the Court of Appeals for the District of Columbia.
Amended 1978
- 1978 Pub. L. 95-600 Pub. L. 95–600, § 336(c)(1)(B), added par. (3).
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(c) Powers
Amended 1969
- 1969 Pub. L. 91-172 Pub. L. 91–172 substituted “section 2072 of title 28” for “section 2074 of title 28” in par. (2) and struck out provision for the applicability of rules adopted under authority of section 1141(c)(2) of the Internal Revenue Act of 1939 until such time as rules prescribed by the Supreme Court under section 2072 of title 28 become effective and, in par. (4), substituted “notice of appeal” for “petition”.
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(1) To affirm, modify, or reverse Upon such review, such courts shall have power to affirm or, if the decision of the Tax Court is not in accordance with law, to modify or to reverse the decision of the Tax Court, with or without remanding the case for a rehearing, as justice may require.
(2) To make rules Rules for review of decisions of the Tax Court shall be those prescribed by the Supreme Court under section 2072 of title 28 of the United States Code.
(3) To require additional security Nothing in section 7483 shall be construed as relieving the petitioner from making or filing such undertakings as the court may require as a condition of or in connection with the review.
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(4) To impose penalties The United States Court of Appeals and the Supreme Court shall have the power to require the taxpayer to pay to the United States a penalty in any case where the decision of the Tax Court is affirmed and it appears that the appeal was instituted or maintained primarily for delay or that the taxpayer’s position in the appeal is frivolous or groundless.
Amended 1989
- 1989 Pub. L. 101-239 Pub. L. 101–239 substituted “penalties” for “damages” in heading and amended text generally. Prior to amendment, text read as follows: “The United States Court of Appeals and the Supreme Court shall have power to impose damages in any case where the decision of the Tax Court is affirmed and it appears that the notice of appeal was filed merely for delay.”