§7459 Reports and decisions

Summary

Requires the Tax Court to make reports and decisions as quickly as possible. A judge must write the decision based on the court’s report, and when that decision is entered in the court record it becomes the court’s official decision. The court’s report must give its findings of fact or opinion. Those findings should be in writing. The court may instead state them aloud and put them in the transcript if its rules allow and if that also meets the rules in section 7460. A decision is treated as made on the date an order showing the deficiency amount is entered in the court records. For declaratory judgment cases under part IV, section 7428, or actions under section 6234, the decision date is the date of the court’s order. If the court dismisses a case and cannot tell the deficiency from the record, or if it dismisses for lack of jurisdiction, it must enter an order saying so and that entry is the decision date. If a taxpayer’s petition is dismissed, the dismissal counts as a decision that the deficiency equals the Secretary’s amount and an order saying that will be entered unless the amount can’t be determined or the dismissal was for lack of jurisdiction. If the statute of limitations bars assessment or collection, the court’s decision is that there is no deficiency. Findings by the Board of Tax Appeals made before February 26, 1926 remain prima facie evidence. A penalty can apply if a taxpayer uses the Tax Court just to delay (see section 6673).