SWFT Corp Partner Estates Trusts
42nd Edition
ISBN: 9780357161548
Author: Raabe
Publisher: Cengage
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Pursuant to the Golsen Rule:
a. the Tax Court must follow all Circuit Court of Appeals decisions.
b. the Tax Court must follow decisions of the Court of Appeals for the Circuit in which the taxpayer's appeal may be filed.
c. the Tax Court may adopt its own interpretation of the tax law, if the taxpayer's Circuit Court has not ruled on the matter.
d. Two of the above.
The following is true of a Circuit of Appeals:
a. The taxpayer who originated his claim in a US District Court may be appeal decision to any Circuit Court of Appeals the taxpayer chooses
b. The Court of Appeals may affirm the lower court decision, reverse the decision or retry the facts on appeal.
c. The Circuit Courts of Appeal follow stare decisis and are bound by their previous decisions, but they are not required to follow the decisions of other Circuits
d. All of the above.
Does the IRS acquiesce in decisions of U.S. district courts?
C
O A. Yes. However, the IRS can only acquiesce in a federal court decision that is adverse to the IRS if they feel the taxpayer is defrauding their tax liability.
O B. Yes. The IRS can acquiesce in any federal court decision that is adverse to the IRS if the IRS decides to do so.
O C.
Yes. The IRS can acquiesce in any federal court decision that is adverse to the IRS if the opinions of the IRS commissioner is not taken into account.
O D. No. The IRS has no grounds to acquiesce in any federal court decision. They can only acquiesce in regular Tax court decisions.
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Need a deep-dive on the concept behind this application? Look no further. Learn more about this topic, accounting and related others by exploring similar questions and additional content below.Similar questions
- If a U.S. Tax Court agrees with the taxpayer on appeal that the IRS position was largely unjustified, which of the following is correct? The taxpayer must still pay administrative and litigation costs. The taxpayer may recover administrative but not litigation costs. The taxpayer may recover litigation but not administrative costs. To be eligible to recover some of the administrative and litigation costs, the taxpayer must have tried to resolve the case administratively, including going through the appeals process, and must have given the IRS the information necessary to resolve the case. None of the above.arrow_forwardIf you wish to contest a tax deficiency, but pay the tax and file a claim and that claim is denied and now you file suit, you must file your petition in: a. US Court of Appeals b. US Supreme Court c. 14th judicial district court (Calcasieu Parish) d. US Tax Court e. US District Courtarrow_forwardIn the Eisner v. Macomber tax case, what were the facts of case, court decision, and reasons stated for the decision?arrow_forward
- The tax court is hearing a case for a taxpayer living in Pennsylvania. The 1st and 3rd Circuit Courts of Appeals have previously ruled in other cases involving the issue in the taxpayer's favor. Alternatively, the 2nd, 4th, 5th, 6th, 7th, and 9th have all ruled in the IRS's favor on this tax issue. How would you expect the tax court to decide this case?arrow_forwardWhich of the following tax remedies is both beneficial to the government and taxpayer? a. Tax lien b. Compromise C. Injunction D. Forfeiturearrow_forward
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