Question

Sara recently learned that the U.S. Circuit Court of Appeals for the Federal Circuit recently rendered...

Sara recently learned that the U.S. Circuit Court of Appeals for the Federal Circuit recently rendered a favorable opinion on an issue that she plans to litigate with the IRS. Sara should choose which trial court(s) to hear her case?

Multiple Choice

  • Tax Court or the U.S. Court of Federal Claims.

  • Tax Court or the U.S. District Court.

  • U.S. Court of Federal Claims only.

  • U.S. District Court only.

  • Tax Court only.

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Answer #1

Answer: Tax Court only is the correct option.

Majority of tax cases are litigated in U.S Tax court, this forum has been formed for beginning the litigation before paying the tax liability related to IRS. U.S Tax court is the least favorable forum but often chosen by taxpayers.

Favorable forum is U.S court of Federal Claims but it depends upon the case by case.

The U.S Tax court has the authority to hear most disputes of taxpayer's liability for disputed income tax and activities related to IRS. The court has 19 judges appointed by the Presiodent, these judges have special expertise in federal tax laws.

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