4.1 Filing a Tax Court Petition

It is not difficult to file a Tax Court petition. The attorney only need to state the issue and plead the bare minimum of facts. If the attorney is not yet admitted to practice before the Tax Court and enrolled on the case or there is insufficient time to investigate the merits of the client’s case, the attorney can help the client file a pro se petition. This will preserve the client’s right to have the issue heard by the Tax Court, and the attorney can enroll later. Check the current rules at the Tax Court’s webpage, www.ustaxcourt.gov. The necessary forms can also be found on the website. 

The initial filing requirements are an original of:

• Petition1
• Statement of Taxpayer Identification Number2
• Notice of Deficiency
• Designation of Place of Trial (Tax Court is held in most major cities, including New Orleans and Shreveport for about 1 to 2 weeks every year)
• Application for Waiver of Filing Fee and Affidavit (or check for $60)3

Mail the signed original by certified mail to Clerk, U.S. Tax Court, 400 Second St., NW, Washington, D.C. 20217.

The filing fee is $60, but this may be waived for indigents who submit the fee waiver form.4

• 1Only the signed original has to be filed. Tax Court Rule 35(e).
• 2Tax Court Rule 20(b). The application form for waiver of filing fees may be found in the forms section of www.ustaxcourt.gov.
• 3Check Tax Court Rule 23. Motions and pleadings (other than the petition) generally require 4 copies in addition to the original.
• 4I.R.C. § 7451; Tax Court Rules 20(b), 173(a)(2).