4.4 Selection of Procedures

The client must decide whether to elect to proceed in Tax Court under the Small Tax Case or Regular Tax Case procedures.

Election of the Small Tax Case procedure (available for cases under $50,000 per year) waives the right to appeal the judge’s decision. However, most tax cases are decided on factual issues such that the right of appeal does not make much difference. On the other hand, this procedure may allow the matter to reach trial more quickly and may be more convenient as Small Tax Cases are heard in more cities than are Regular Tax Cases. In Louisiana, Regular Tax Cases are only heard in New Orleans whereas Small Tax Cases are heard both in New Orleans and Shreveport.

Interest does run on taxes while the case is pending in Tax Court, which may counsel in favor of a procedure that shortens the time to trial. However, 90% of all cases are settled without a trial; most are referred back to the IRS Appeals Officer for review and possible settlement.