United States Tax Court has adopted final amendments to its Rules of Practice and Procedure, including new Title XXIV (Partnership Actions Under BBA Section 1101)

Chief Judge Maurice B. Foley announced today that the United States Tax Court has adopted final amendments to its Rules of Practice and Procedure, including new Title XXIV.A (Partnership Actions Under BBA Section 1101), and certain conforming and miscellaneous amendments. The Court has also adopted revisions to Form 1 (Petition), Form 7 (Entry of Appearance), Form 8 (Substitution of Counsel), Form 10 (Notice of Change of Address), and Form 14 (Subpoena).

On March 28, 2016, the Court issued proposed amendments to its Rules of Practice and Procedure and invited public comments on the proposed amendments. The Court proposed the amendments to reflect (among other things) the inclusion of a new regime for the administrative and judicial review of adjustments to partnership income in the Bipartisan Budget Act of 2015 (BBA), Pub. L. No. 114-74, 129 Stat. 584. The Court received comments on the proposed amendments from the American Bar Association Section of Taxation (ABA), the Tax Section of the State Bar of Texas (Texas Bar), and the Office of Chief Counsel of the Internal Revenue Service (Office of Chief Counsel).

On December 19, 2018, the Court announced that it had adopted interim and proposed amendments comprising new Title XXIV.A (Partnership Actions Under BBA Section 1101). The Court invited additional public comments regarding the interim and proposed amendments. After considering the comments, the Court has made certain revisions to the proposed and interim amendments.

New Title XXIV.A is effective December 19, 2018, and applies to partnership actions commenced with respect to notices of final partnership adjustment issued under Code section 6231(a)(3) for partnership taxable years beginning after December 31, 2017, unless a partnership elects to apply Code sections 6221 through 6241 to a partnership return filed for a partnership taxable year beginning after November 2, 2015, and before January 1, 2018. Conforming and miscellaneous amendments and revisions to the Forms listed above are effective July 15, 2019.

If you have questions about Tax Court litigation, contact Disparte Tax Law today.