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Wednesday, December 8, 2004

Lederman Reports on Oral Argument in Ballard & Kanter

Us_supreme_courtThe Supreme Court yesterday heard oral argument in the companion Ballard (No. 03-184) and Kanter (03-1034) cases. Leandra Lederman (George Mason) was there and provides us with her first-hand account:

Stephen Shapiro of Mayer, Brown, Rowe & Maw argued on behalf of the taxpayers (the petitioners); Thomas Hungar, Deputy Solicitor General, argued on behalf of the government.  The consolidated cases involved the issue of whether the report of a Special Trial Judge in a case Code section 7443A allows the Special Trial Judge to hear but not to decide must be disclosed.  The arguments focused primarily on IRC section 7461, a disclosure provision; IRC section 7482, the statute governing appellate review of Tax Court decisions; and Tax Court Rule 183, which provides procedures relating to Special Trial Judge Reports.  The Court seemed both concerned about the nondisclosure of the report and inclined towards a statutory basis for decision rather than a broader due process rationale.

Leandra is the co-author of Tax Controversies: Practice and Procedure (LexisNexis, 2d ed. 2002 & 2004 Supp.) (with Stephen Mazza (Kansas)). For Leandra's prior TaxProf Blog commentary on these cases, see:

For other accounts of the oral argument in Ballard & Kanter, see:

http://taxprof.typepad.com/taxprof_blog/2004/12/for_press_accou.html

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Tracked on Dec 8, 2004 9:57:13 AM

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