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Frantz V Commissioner of Internal Revenue, 83 T C 162Casetext  Form

Frantz V Commissioner of Internal Revenue, 83 T C 162Casetext Form

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in 1969 congress established the united states tax court as an article 1 court to resolve disputes involving federal income tax later congress authorized the chief judge of the tax court to appoint special trial judges and assigned them to tax court cases the validity of these assignments was at issue in the 1991 case freytag vs commissioner of internal revenue the commissioner of internal revenue charged thomas freytag among other federal taxpayers with using a tax shelter scheme to dodge roughly 1.5 billion dollars in taxes freytag and the other taxpayers sought review in the united states tax court the chief judge of the tax court appointed a special trial judge and ultimately adopted the trial judge's opinion in the commissioner's favor freytag and the other taxpayers appealed to the fifth circuit arguing that the special trial judge's appointment violated the appointments clause of the constitution which limits congress's discretion investing the po

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