JOURNAL ARTICLE

Second Circuit reverses Tax Court's dismissal of deficiency petition: The appellate court holds that the Sec. 6213(a) deadline for filing a Tax Court deficiency petition is nonjurisdictional and subject to equitable tolling.

  • Published In: Journal of Accountancy, 2025, v. 240, n. 6. P. 56 1 of 3

  • Database: Business Source Ultimate 2 of 3

  • Authored By: McKinley, John; Geiszler, Matthew 3 of 3

Abstract

The article explains how the U.S. Second Circuit ruled that the 90-day deadline for filing a Tax Court deficiency petition is not jurisdictional and can be equitably tolled, overturning the dismissal of a late-filed taxpayer challenge. Topics include the taxpayers' missed filing deadline, the court's distinction between jurisdictional and claim-processing rules and the influence of recent Supreme Court precedent on tax procedure.

Additional Information

  • Source:Journal of Accountancy. 2025/12, Vol. 240, Issue 6, p56
  • Document Type:Article
  • Subject Area:Law
  • Publication Date:2025
  • ISSN:0021-8448
  • Accession Number:189786042

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