Getting a Poor Return: Courts, Justice, and Taxes by Robert M. Howard

By Robert M. Howard

Examines competing claims and ideology concerning the American felony approach within the zone of tax coverage and tax enforcement.

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Additional resources for Getting a Poor Return: Courts, Justice, and Taxes

Sample text

The analyses in the following chapters deal with aggregate choice, decision, and impact. However, poor, middle-class, and rich taxpayers, small business and large corporations, and estates and trusts make decisions each and every day and must live with their consequences. The accumulation of these individual preferences leads to the aggregate impacts described in the succeeding chapters. This chapter provides an overview of the choices these taxpayers and others like them have in challenging a post audit assessment by the IRS.

While diversity jurisdiction is a constitutional right, many of these forum choices are predicated on legislation, and a leading example of forum choice is federal tax litigation, as shown in chapter two. All else being equal, if one forum offers a greater chance of success than another, one would expect that taxpayers would choose that particular forum. S. S. Tax Court, a specialized court created by Congress under its Constitutional Article I legislative power. S. Court of Federal Claims. This court’s jurisdiction is limited to taxpayer lawsuits against post audit assessments by the IRS.

Court of Appeals for the Federal Circuit. The number of tax cases filed varies considerably. From 1998 through 2005, there were several years when the number of lawsuits ranged from seventy-eight to ninety-one. In other years, taxpayers filed over 300 cases in the Court of Federal Claims. S. S. District Court. S. District Court are presumably greater than that of the Tax Court and Court of Claims. There, a judge’s salary is guaranteed and the tenure is lifetime, dependent only on good behavior.

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