Back in April, we discussed possible changes to the Tax Court Rules of Practice and Procedure based on comments made at the Tax Court Judicial Conference in Chicago. On November 30, 2018, the Tax Court announced the adoption of amendments to its Rules in several areas. Certain amendments are discussed below.
Payments to the Tax Court
Payments to court, which previously were required to be made by cash, check or money order, may now be made electronically through Pay.gov.
Filing
A paper may be filed electronically either during or outside of business hours, unless the paper relates to an ongoing trial session, in which case it generally must be filed at the session. A document electronically filed is considered timely if filed at or before 11:59 pm, Eastern Time, on the last day of the applicable period for filing. This amendment comports with the practice in other federal courts, e.g., US District Courts.
Signature
A signature on an electronic filing does not have to be handwritten if the filing meets the standards required by the court. An email address must be provided immediately beneath the signature.
Electronic Filing of Petitions
The court is in the process of implementing procedures to allow the electronic filing of a petition to commence a case. Additional information will be furnished to taxpayers on the Tax Court’s website in its electronic filings guidelines.
Evidence
In accordance with recent legislation, the Rules were updated to require that the court to follow the Federal Rules of Evidence instead of the rules of evidence applicable in trials without a jury in the United States District Court for the District of Columbia.
Passport Actions
In accordance with recent legislation, new Rules are provided regarding the court’s jurisdiction and review of determinations to certain passport revocation actions.
Interest Abatement
Certain changes were made to the interest abatement rules and a corresponding change was made to the sample form of petition contained on the Tax Court’s website.
