Special trial judges

• Currency: Current through P.L. 118-13 (published on www.congress.gov on 08/07/2023)
• Citation: 26 U.S.C. § 7443A

(a) Appointment

The chief judge may, from time to time, appoint special trial judges who shall proceed under such rules and regulations as may be promulgated by the Tax Court.

(b) Proceedings which may be assigned to special trial judges

The chief judge may assign-

(1) any declaratory judgment proceeding,

(2) any proceeding under section 7463,

(3) any proceeding where neither the amount of the deficiency placed in dispute (within the meaning of section 7463) nor the amount of any claimed overpayment exceeds $50,000,

(4) any proceeding under section 6320 or 6330,

(5) any proceeding under section 7436(c),

(6) any proceeding under section 7623(b)(4), and

(7) any other proceeding which the chief judge may designate,

to be heard by the special trial judges of the court.

(c) Authority to make court decision

The court may authorize a special trial judge to make the decision of the court with respect to any proceeding described in paragraph (1), (2), (3), (4), (5), or (6) of subsection (b), subject to such conditions and review as the court may provide.

(d) Salary

Each special trial judge shall receive salary-

(1) at a rate equal to 90 percent of the rate for judges of the Tax Court, and

(2) in the same installments as such judges.

(e) Expenses for travel and subsistence

Subsection (d) of section 7443 shall apply to special trial judges subject to such rules and regulations as may be promulgated by the Tax Court.

Cite as 26 U.S.C. § 7443A

Source: Added Pub. L. 99-514, title XV, §1556(a), Oct. 22, 1986, 100 Stat. 2754; amended Pub. L. 105-206, title III, §§3103(b)(1), July 22, 1998, 3401, July 22, 1998, 112 Stat. 731, 749; Pub. L. 105-277, div. J, title IV, §4002(e), Oct. 21, 1998, 112 Stat. 2681-907; Pub. L. 109-280, title VIII, §857(a), (b), Aug. 17, 2006, 120 Stat. 1020; Pub. L. 109-432, div. A, title IV, §406(a)(2), Dec. 20, 2006, 120 Stat. 2959.

Notes from the Office of Law Revision Counsel

current through 5/23/2023

EDITORIAL NOTES

AMENDMENTS

2006-Subsec. (b)(5). Pub. L. 109-280, §857(a), added par. (5). Former par. (5) redesignated (6).

Subsec. (b)(6). Pub. L. 109-432, §406(a)(2)(A), added par. (6). Former par. (6) redesignated (7).

Pub. L. 109-280, §857(a), redesignated par. (5) as (6).

Subsec. (b)(7). Pub. L. 109-432, §406(a)(2)(A), redesignated par. (6) as (7).

Subsec. (c). Pub. L. 109-432, §406(a)(2)(B), substituted "(5), or (6)" for "or (5)".

Pub. L. 109-280, §857(b), substituted "(4), or (5)" for "or (4)".

1998-Subsec. (b)(3). Pub. L. 105-206, §3103(b)(1), substituted "$50,000" for "$10,000".