Comparing Apples to Apples: TEFRA vs. BBA

As Seen in Procedurally Taxing - Tax Notes Federal

In this 3-part series, Managing Director and contributing author for Procedurally Taxing Jenni Black examines the Tax Court’s recent holding in Big Apple that the section 6234 deadline to file a petition challenging a notice of final partnership adjustment is nonjurisdictional, and she compares it with North Wall, in which the court reached the opposite conclusion.

In Part 2, Jenni compares the Tax Equity and Fiscal Responsibility Act and the Bipartisan Budget Act regimes and examines the different approaches the Tax Court used in North Wall and Big Apple to determine whether their respective filing deadlines were jurisdictional.

In Part 3, Jenni examines whether the history of the Tax Equity and Fiscal Responsibility Act should factor into interpretations of the Bipartisan Budget Act and considers the effects of section 6234(a) being ruled nonjurisdictional and subject to equitable tolling.

Part 1| Part 2 | Part 3