Taxpayer Advocate Participation Act
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This bill would authorize the National Taxpayer Advocate to submit amicus briefs in federal court cases that broadly affect taxpayer rights.
What it does
This bill would authorize the National Taxpayer Advocate to participate in federal court cases involving tax law by submitting amicus briefs and appearing as an amicus curiae. Federal courts would be required to permit these appearances, provided the National Taxpayer Advocate is presenting views on issues that broadly affect taxpayer rights. Currently, the National Taxpayer Advocate lacks the legal authority to participate in court cases in this capacity.
Who is affected
The bill directly affects the National Taxpayer Advocate, who would gain the authority to appear as amicus curiae and submit briefs in federal tax law cases. Federal courts would also be affected, as the legislation requires them to permit these appearances. Additionally, the bill impacts taxpayers whose rights are involved in broad legal issues that the Taxpayer Advocate Service seeks to address through court participation.
Key provisions
- Authorization of amicus curiae appearances. The bill grants the National Taxpayer Advocate the authority to appear as amicus curiae and submit amicus briefs in U.S. court cases involving federal tax law.
- Mandatory court acceptance of appearances. Federal courts are required to permit the National Taxpayer Advocate to appear and submit briefs in relevant tax proceedings.
- Scope of participation. The National Taxpayer Advocate may only present views on specific issues that have the potential to broadly affect the rights of taxpayers.
Fiscal impact
Not applicable: No CBO cost estimate available
Effective dates
Not applicable: Official Summary does not address effective dates
Relationship to existing law
This bill expands the existing authority of the National Taxpayer Advocate, an independent office within the Internal Revenue Service, by authorizing the position to participate in federal tax law court cases as an amicus curiae. Under current law, the National Taxpayer Advocate is not authorized to appear or submit briefs in such legal proceedings.
Stated purpose
The bill aims to authorize the National Taxpayer Advocate to participate in federal tax law cases as an amicus curiae to present views on issues that broadly affect taxpayer rights. This expands the Advocate's role in mitigating taxpayer problems by allowing them to provide independent perspective to federal courts.