When the Bough Breaks: The U.S. Tax Court's Branch Difficulties

34 ABA Tax Section NewsQuarterly 10 (Winter 2015)

3 Pages Posted: 1 Feb 2015 Last revised: 31 Mar 2015

See all articles by Leandra Lederman

Leandra Lederman

Indiana University Maurer School of Law

Date Written: January 30, 2015

Abstract

This essay highlights the confusion over which of the three branches of government (if any) is home to the U.S. Tax Court, which hears over 95% of litigated federal tax cases. Some authorities say the Tax Court is in the judicial branch, some locate it in the legislative branch, and others in the executive. Even the federal government has made inconsistent statements in this regard. Moreover, this uncertainty about the Tax Court's location within the federal government recently resulted in a separation of powers challenge to the court. The essay argues that there is a pressing need to resolve this issue, so as to decrease the Tax Court's insularity and reduce the prospect of future structural challenges to the court.

Keywords: Tax Court, separation of powers, judicial branch, legislative branch, execultive branch, Article I

JEL Classification: H11, H29, K34, K40

Suggested Citation

Lederman, Leandra, When the Bough Breaks: The U.S. Tax Court's Branch Difficulties (January 30, 2015). 34 ABA Tax Section NewsQuarterly 10 (Winter 2015), Available at SSRN: https://ssrn.com/abstract=2558187

Leandra Lederman (Contact Author)

Indiana University Maurer School of Law ( email )

211 S. Indiana Avenue
Bloomington, IN 47405
United States
(812) 855-6149 (Phone)
(812) 855-0555 (Fax)

HOME PAGE: http://www.law.indiana.edu/people/lederman

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