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- McCord V . Comissioner , 2006 ( US Ct . App ., 5th )
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B. Hawkins, ASA, CFA Michael A. Paschall, ASA, CFA, JD United States Court of Appeals Fifth Circuit IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT F I L E D August 22, 2006 Charles R. Fulbruge III Clerk No. 03-60700 SUCCESSION OF CHARLES T. McCORD, JR., Deceased, CHARLES T. McCORD III and MICHAEL S. McCORD, EXECUTORS; MARY S. McCORD, Donors, Petitioners-Appellants, versus COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee. -------------------Appeals from the United States.
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GST FAQ
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If your case is a regular case, you may appeal the Tax Court's decision to one of the U.S. Courts of Appeals. A decision is a judicial determination that disposes of a case.
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If you do not receive a favorable ruling in a U.S. Tax Court (and your case qualifies for regular tax case proceedings), you may be able to petition for a hearing in another federal court, such as a U.S. District Court or a U.S. Court of Federal Claims. U.S. Tax Court: Your Last Resort - Investopedia investopedia.com https://.investopedia.com › articles › tax-court-last-r... investopedia.com https://.investopedia.com › articles › tax-court-last-r...
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Once the petition is filed, payment of the underlying tax ordinarily is postponed until the case has been decided. In certain tax disputes involving $50,000 or less, taxpayers may elect to have their case conducted under the Court's simplified small tax case procedure.
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Generally, a taxpayer may file a petition in the Tax Court in response to certain IRS determinations. A taxpayer who begins such a proceeding is known as the “petitioner”, and the Commissioner of Internal Revenue is the “respondent”. Guidance for Petitioners: About the Court - U.S. Tax Court ustaxcourt.gov https://.ustaxcourt.gov › petitioners_about ustaxcourt.gov https://.ustaxcourt.gov › petitioners_about
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The U.S. Tax Court issues two kinds of decisions, regular and memorandum. A "regular decision" are those that are presumed to have value as precedents or involve issues that have not previously been considered. Regular decisions are generally regarded as stronger authorities than memorandum decisions. U.S. Tax Court - National Timber Tax timbertax.org https://.timbertax.org › research › process › judicial timbertax.org https://.timbertax.org › research › process › judicial
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You cannot appeal the decision in an S case. With S cases, tax court operates much like your local small claims court. You tell the judge your story, show your evidence, and are not expected to know legal procedures. Even if you lose, you have the satisfaction of having your day in court.
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If you chose, and the Tax Court granted you, small tax case status, there is no appeal from the decision of the Tax Court. See the discussion above about choosing S case status. In an S case, neither the IRS nor the petitioner can appeal. The Judge's decision is final. Guidance for Petitioners: Things That Occur After Trial - U.S. Tax Court ustaxcourt.gov https://.ustaxcourt.gov › petitioners_after ustaxcourt.gov https://.ustaxcourt.gov › petitioners_after
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The Judge's decision is final. If your case is a regular case, you may appeal the decision to one of the U.S. Courts of Appeals. You must wait for a decision (as opposed to the opinion) to be entered by the Tax Court before you file an appeal. A decision is a judicial determination that disposes of a case.
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591 -g
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