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US Supreme Court To Review The Decision-Making Process In Large Tax Dispute Cases

by Mike Godfrey, Tax-News.com, Washington

28 April 2004

The United States Supreme Court has agreed to review the way in which judgements are reached in large tax disputes after complaints by taxpayers that the process is shrouded in secrecy, it was reported on Monday.

As a result, the Justices will hear a constitutional challenge to the way in which special judges conduct trials and pass on their recommendations to the US Tax Court to make rulings in cases involving more than $50,000.

The Justices have been informed that it is impossible for the Appeal Court to establish whether the Tax Court has acted improperly, due to the fact that the findings of trial judges are kept secret.

The Supreme Court’s task will be to decide whether the withholding of this information violates taxpayers’ Fifth Amendment right not to be "deprived of life, liberty or property without due process of law."

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