United States Tax Court: Rules of Practice and Procedure

Rules of Practice and Procedure

The Court’s Rules of Practice and Procedure, including revisions adopted through November 20, 2009, are available for download (528KB). NOTE: In order to hasten download time, each Title of the Rules of Practice and Procedure below has been stored as a separate Acrobat (.PDF) file. The Rules may also be purchased in looseleaf form from the Clerk’s Office for $20.00 by writing to the United States Tax Court, 400 Second Street, N.W., Washington, D.C. 20217, and enclosing a check or money order for that amount payable to the "Clerk, United States Tax Court." Please do not send cash.

Each hyperlink (text displayed in blue) on this page links to the corresponding PDF file (i.e., Title I links to Title_I.pdf). Each Rule within a Title is bookmarked. The bookmarks will appear along the left-hand side of the screen when opened in the Acrobat Reader.

Historical explanations of the Rules are published in volumes of Tax Court Reports and may be found through the Guide to Rules Amendments and Notes.

Recent Amendments to Rules:

Adobe Acrobat Reader is required to view and print the Rules of Practice and Procedure.
Adobe Acrobat Reader can be obtained free of charge from www.adobe.com.

Table of Contents

Title I.		Rulemaking Authority; Scope of Rules; Publication; Construction; Effective Date; Definitions
Rule 1.		Rulemaking Authority; Scope of Rules; Publication of Rules and Amendments; Construction
Rule 2.		Effective Date
Rule 3.		Definitions
Title II.		The Court
Rule 10.	AMENDED (effective 05/05/11)	Name, Office, and Sessions
Rule 11.		Payments to the Court
Rule 12.	AMENDED (effective 05/05/11)	Court Records
Rule 13.		Jurisdiction
Title III.		Commencement of Case; Service and Filing of Papers; Form and Style of Papers; Appearance and Representation; Computation of Time
Rule 20.	AMENDED (effective 07/06/12)	Commencement of Case
Rule 21.		Service of Papers
Rule 22.	AMENDED (effective 05/05/11)	Filing
Rule 23.	AMENDED (effective 07/06/12)	Form and Style of Papers
Rule 24.	AMENDED (effective 05/05/11)	Appearance and Representation
Rule 25.		Computation of Time
Rule 26.	AMENDED (effective 07/06/12)	Electronic Filing
Rule 27.		Privacy Protection for Filings Made With the Court
Title IV.		Pleadings
Rule 30.		Pleadings Allowed
Rule 31.		General Rules of Pleading
Rule 32.		Form of Pleadings
Rule 33.	AMENDED (effective 07/06/12)	Signing of Pleadings
Rule 34.		Petition
Rule 35.		Entry on Docket
Rule 36.		Answer
Rule 37.		Reply
Rule 38.		Joinder of Issue
Rule 39.		Pleading Special Matters
Rule 40.		Defenses and Objections Made by Pleading or Motion
Rule 41.		Amended and Supplemental Pleadings
Title V.		Motions
Rule 50.	AMENDED (effective 05/05/11)	General Requirements
Rule 51.		Motion for More Definite Statement
Rule 52.		Motion To Strike
Rule 53.		Motion To Dismiss
Rule 54.		Timely Filing and Joinder of Motions
Rule 55.		Motion To Restrain Assessment or Collection or To Order Refund of Amount Collected
Rule 56.		Motion for Review of Jeopardy Assessment or Jeopardy Levy
Rule 57.	AMENDED (effective 07/06/12)	Motion for Review of Proposed Sale of Seized Property
Rule 58.		Miscellaneous
Title VI.		Parties
Rule 60.		Proper Parties; Capacity
Rule 61.		Permissive Joinder of Parties
Rule 62.		Misjoinder of Parties
Rule 63.		Substitution of Parties; Change or Correction in Name
Title VII.		Discovery
Rule 70.	AMENDED (effective 07/06/12)	General Provisions
Rule 71.	AMENDED (effective 07/06/12)	Interrogatories
Rule 72.		Production of Documents, Electronically Stored Information, and Things
Rule 73.		Examination by Transferees
Rule 74.	AMENDED (effective 07/06/12)	Depositions for Discovery Purposes
Title VIII.	AMENDED (effective 05/05/11)	Depositions
Rule 80.		General Provisions
Rule 81.		Depositions in Pending Case
Rule 82.		Depositions Before Commencement of Case
Rule 83.		Depositions After Commencement of Trial
Rule 84.		Depositions Upon Written Questions
Rule 85.		Objections, Errors, and Irregularities
Title IX.		Admissions and Stipulations
Rule 90.		Requests for Admission
Rule 91.	AMENDED (effective 05/05/11)	Stipulations for Trial
Rule 92.		Cases Consolidated for Trial
Title X.		General Provisions Governing Discovery, Depositions and Requests for Admission
Rule 100.		Applicability
Rule 101.		Sequence, Timing, and Frequency
Rule 102.		Supplementation of Responses
Rule 103.		Protective Orders
Rule 104.		Enforcement Action and Sanctions
Title XI.		Pretrial Conferences
Rule 110.		Pretrial Conferences
Title XII.		Decision Without Trial
Rule 120.		Judgment on the Pleadings
Rule 121.	AMENDED (effective 07/06/12)	Summary Judgment
Rule 122.		Submission Without Trial
Rule 123.		Default and Dismissal
Rule 124.	AMENDED (effective 05/05/11)	Voluntary Binding Arbitration
Title XIII.		Calendars and Continuances
Rule 130.	AMENDED (effective 05/05/11)	Motions and Other Matters
Rule 131.		Trial Calendars
Rule 132.		Special or Other Calendars
Rule 133.		Continuances
Title XIV.		Trials
Rule 140.		Place of Trial
Rule 141.		Consolidation; Separate Trials
Rule 142.		Burden of Proof
Rule 143.	AMENDED (effective 07/06/12)	Evidence
Rule 144.		Exceptions Unnecessary
Rule 145.		Exclusion of Proposed Witnesses
Rule 146.		Determination of Foreign Law
Rule 147.		Subpoenas
Rule 148.		Fees and Mileage
Rule 149.		Failure To Appear or To Adduce Evidence
Rule 150.	AMENDED (effective 05/05/11)	Record of Proceedings
Rule 151.	AMENDED (effective 05/05/11)	Briefs
Rule 152.		Oral Findings of Fact or Opinion
Title XV.		Decision
Rule 155.	AMENDED (effective 07/06/12)	Computation by Parties for Entry of Decision
Rule 156.		Estate Tax Deduction Developing At or After Trial
Rule 157.		Motion To Retain File in Estate Tax Case Involving Section 6166 Election
Title XVI.		Posttrial Proceedings
Rule 160.		Harmless Error
Rule 161.		Motion for Reconsideration of Findings or Opinion
Rule 162.		Motion To Vacate or Revise Decision
Rule 163.		No Joinder of Motions Under Rules 161 and 162
Title XVII.		Small Tax Cases
Rule 170.		General
Rule 171.	AMENDED (effective 05/05/11)	Election of Small Tax Case Procedure
Rule 172.		Representation
Rule 173.	AMENDED (effective 07/06/12)	Pleadings
Rule 174.		Trial
Rule 175.	DELETED (effective 07/06/12)	~~Number of Copies of Papers~~
Title XVIII.		Special Trial Judges
Rule 180.		Assignment
Rule 181.		Powers and Duties
Rule 182.		Cases in Which the Special Trial Judge Is Authorized To Make the Decision
Rule 183.		Other Cases
Title XIX.		Appeals
Rule 190.		How Appeal Is Taken
Rule 191.		Preparation of the Record on Appeal
Rule 192.		Bond To Stay Assessment and Collection
Rule 193.		Appeals From Interlocutory Orders
Title XX.		Practice Before the Court
Rule 200.		Admission to Practice and Periodic Registration Fee
Rule 201.		Conduct of Practice Before the Court
Rule 202.		Disciplinary Matters
Title XXI.		Declaratory Judgments
Rule 210.		General
Rule 211.		Commencement of Action for Declaratory Judgment
Rule 212.		Request for Place for Submission to the Court
Rule 213.		Other Pleadings
Rule 214.		Joinder of Issue in Action for Declaratory Judgment
Rule 215.		Joinder of Parties
Rule 216.		Intervention in Retirement Plan Actions
Rule 217.		Disposition of Actions for Declaratory Judgment
Rule 218.		Procedure in Actions Heard by a Special Trial Judge of the Court
Title XXII.		Disclosure Actions
Rule 220.		General
Rule 221.		Commencement of Disclosure Action
Rule 222.		Request for Place of Hearing
Rule 223.		Other Pleadings
Rule 224.		Joinder of Issue
Rule 225.		Intervention
Rule 226.		Joinder of Parties
Rule 227.		Anonymous Parties
Rule 228.		Confidentiality
Rule 229.		Burden of Proof
Rule 229A.		Procedure in Actions Heard by a Special Trial Judge of the Court
Title XXIII.		Claims for Litigation and Administrative Costs
Rule 230.		General
Rule 231.	AMENDED (effective 07/06/12)	Claims for Litigation and Administrative Costs
Rule 232.	AMENDED (effective 07/06/12)	Disposition of Claims for Litigation and Administrative Costs
Rule 233.		Miscellaneous
Title XXIV.		Partnership Actions
Rule 240.		General
Rule 241.	AMENDED (effective 07/06/12)	Commencement of Partnership Action
Rule 242.		Request for Place of Trial
Rule 243.		Other Pleadings
Rule 244.		Joinder of Issue in Partnership Action
Rule 245.		Intervention and Participation
Rule 246.		Service of Papers
Rule 247.		Parties
Rule 248.		Settlement Agreements
Rule 249.		Action for Adjustment of Partnership Items Treated as Action for Readjustment of Partnership Items
Rule 250.		Appointment and Removal of the Tax Matters Partner
Rule 251.		Decisions
Title XXV.		Supplemental Proceedings
Rule 260.		Proceeding To Enforce Overpayment Determination
Rule 261.		Proceeding To Redetermine Interest
Rule 262.		Proceeding To Modify Decision in Estate Tax Case Involving Section 6166 Election
Title XXVI.		Actions for Administrative Costs
Rule 270.		General
Rule 271.	AMENDED (effective 07/06/12)	Commencement of Action for Administrative Costs
Rule 272.		Other Pleadings
Rule 273.		Joinder of Issue in Action for Administrative Costs
Rule 274.	AMENDED (effective 07/06/12)	Applicable Small Tax Case Rules
Title XXVII.		Actions for Review of Failure To Abate Interest
Rule 280.		General
Rule 281.	AMENDED (effective 07/06/12)	Commencement of Action for Review of Failure To Abate Interest
Rule 282.		Request for Place of Trial
Rule 283.		Other Pleadings
Rule 284.		Joinder of Issue in Action for Review of Failure To Abate Interest
Title XXVIII.		Actions for Redetermination of Employment Status
Rule 290.		General
Rule 291.		Commencement of Action for Redetermination of Employment Status
Rule 292.		Request for Place of Trial
Rule 293.		Other Pleadings
Rule 294.		Joinder of Issue in Actions for Redetermination of Employment Status
Title XXIX.		Large Partnership Actions
Rule 300.		General
Rule 301.	AMENDED (effective 07/06/12)	Commencement of Large Partnership Action
Rule 302.		Request for Place of Trial
Rule 303.		Other Pleadings
Rule 304.		Joinder of Issue in Large Partnership Actions
Rule 305.		Action for Adjustment of Partnership Items of Large Partnership Treated as Action for Readjustment of Partnership Items of Large Partnership
Title XXX.		Actions for Declaratory Judgment Relating to Treatment of Items Other Than Partnership Items With Respect to an Oversheltered Return
Rule 310.		General
Rule 311.		Commencement of Action for Declaratory Judgment (Oversheltered Return)
Rule 312.		Request for Place of Trial
Rule 313.		Other Pleadings
Rule 314.		Joinder of Issue in Action for Declaratory Judgment (Oversheltered Return)
Rule 315.		Disposition of Action for Declaratory Judgment (Oversheltered Return)
Rule 316.		Action for Declaratory Judgment (Oversheltered Return) Treated as Deficiency Action
Title XXXI.		Actions for Determination of Relief From Joint and Several Liability on a Joint Return
Rule 320.		General
Rule 321.		Commencement of Action for Determination of Relief From Joint and Several Liability on a Joint Return
Rule 322.		Request for Place of Trial
Rule 323.		Other Pleadings
Rule 324.		Joinder of Issue in Action for Determination of Relief From Joint and Several Liability on a Joint Return
Rule 325.		Notice and Intervention
Title XXXII.		Lien and Levy Actions
Rule 330.		General
Rule 331.		Commencement of Lien and Levy Action
Rule 332.		Request for Place of Trial
Rule 333.		Other Pleadings
Rule 334.		Joinder of Issue in Lien and Levy Actions
Title XXXIII.		Whistleblower Actions
Rule 340.		General
Rule 341.		Commencement of Whistleblower Action
Rule 342.		Request for Place of Trial
Rule 343.		Other Pleadings
Rule 344.		Joinder of Issue in Whistleblower Action
Rule 345.	NEW (effective 07/06/12)	Privacy Protections for Filings in Whistleblower Actions
		Appendices and Index to the Rules
Appendix I.		Forms
	AMENDED (effective 05/05/11)	Form 1. Petition (Simplified Format)
	AMENDED (effective 05/05/11)	Form 2. Petition (Simplified Form)
		Form 3. Petition for Administrative Costs (Sec. 7430(f)(2))
		Form 4. Statement of Taxpayer Identification Number
		Form 5. Request for Place of Trial
	AMENDED (effective 05/05/11)	Form 6. Ownership Disclosure Statement
		Form 7. Entry of Appearance
		Form 8. Substitution of Counsel
		Form 9. Certificate of Service
		Form 10. Notice of Change of Address
		Form 11. Notice of Election to Intervene
		Form 12. Notice of Election to Participate
		Form 13. Notice of Intervention
	AMENDED (effective 05/05/11)	Form 14. Subpoena
	AMENDED (effective 05/05/11)	Form 15. Application for Order To Take Deposition To Perpetuate Evidence
		Form 16. Certificate on Return
		Form 17. Notice of Appeal to Court of Appeals
	NEW (effective 07/06/12)	Form 18. Unsworn Declaration Under Penalty of Perjury
Appendix II.
Index

To contact the Webmaster for technical issues or problems with the Web site, send an e-mail to webmaster@ustaxcourt.gov. For your information, no documents can be filed with the Court at this or any other e-mail address. For all non-technical questions, including procedural, case-related, or general questions about the Court, you must contact the Office of the Clerk of the Court at (202) 521-0700 or by postal mail at U.S. Tax Court, 400 Second Street, N.W., Washington, DC 20217, Attention: Office of the Clerk of the Court.

Last updated: July 9, 2012