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    HYPOTHESES
    Given the expected prevalence of ideological decision making, as well as
    the differences in independence and structure, I derive several hypotheses,
    which I categorize into two subgroups: independence hypotheses and spe-
    cialization hypotheses.
    Independence
    Since tax policy, along with support or opposition to the IRS is ideological,
    one would expect judges to exhibit ideological bias in their rulings. Tax
    Court judges are subject to the same nomination and confi rmation process
    as judges of the District Court; therefore, one should see similar ideological
    rulings for both courts, regardless of their relative independence. Thus, the
    first hypothesis:
    Hypothesis 1: The more liberal the judge, the greater the support for
    the IRS; the more conservative the judge, the greater the support
    for the taxpayer.
    However, tax policy and its interpretation are is complex and demand-
    ing, and there are many fewer Tax Court judges and their tenure is limited.
    With shorter tenure, the ideological positioning inherent in tax policy would
    be more likely to manifest itself in the smaller Tax Court than in the larger
    District Court where ideological change would take place at a much slower
    64
    GETTING A POOR RETURN
    pace over a much longer time. In addition, judges of the general jurisdiction
    courts need to rely more on litigants, lawyers, the IRS, and other courts for
    the meaning and proper construction of the Internal Revenue Code. This
    reliance on outside interpretation will restrict the use of ideology in the
    rulings by the judges of the District Court. The expertise of the Tax Court
    judges, and their concomitant lack of reliance on lawyers, litigants, the IRS,
    or other courts, means that the Tax Court judges have greater freedom to
    use their ideology in their rulings, leading to hypothesis 2:
    Hypothesis 2: Ideology will have a greater infl uence in the Tax Court
    than in the District Court.
    Of all the issues and facts confronting the judges of both courts, the
    greatest challenge to the collection of taxes comes from those who question
    the very notion of the process and the right of the state to collect taxes
    either through fraud, deception, or abuse. The most fl agrant challenges to
    the tax collection system come from those who commit fraud, create or use
    abusive tax shelters, or engage in protests against the right of the state to
    assess and collect revenue. More than anything else, these assertions should
    lead to signifi cant divergence between liberal and conservative judges, with
    liberal judges being the most opposed to these assertions and arguments and
    conservative judges being more supportive. Thus, hypothesis 3:
    Hypothesis 3: The more liberal the judge, the greater the support
    for the IRS when the issues concern tax protesters, tax fraud, and
    tax shelters.
    Specialization
    Since prior research has shown that other specialized courts are less likely
    to follow precedent imposed by hierarchically superior courts than courts of
    general jurisdiction, there is no reason to expect the Tax Court and District
    Court to behave differently; hence, hypothesis 4:
    Hypothesis 4: The regional federal courts of appeals will have a greater
    infl uence on the decisions of the District Court than on the decisions
    of the Tax Court.
    Given the expertise of the Tax Court compared to the District Court,
    one should see that attorneys have a greater infl uence on District Court
    judges than on Tax Court judges. District Court judges need to rely on the
    presentation and arguments of legal experts more than Tax Court judges,
    leading to hypothesis 5:
    65
    TAX DECISION MAKING
    Hypothesis 5: Representation by an attorney will have a greater infl u-
    ence on the District Court than on the Tax Court.
    Tax Court special judges do not have the same pension and reappoint-
    ment advantages as a regular judge of that court. Because of this, special
    judges should show greater deference to the agency. Following prior literature,
    a judge s prior IRS experience will also infl uence the decisions of special
    judges and regular judges. One should expect that special judges would be
    more likely to decide cases in favor of the IRS. Therefore, all Tax Court
    judges with IRS experience, special or regular, will be more likely to decide
    cases in favor of the IRS. Thus, hypotheses 6 and 7:
    Hypothesis 6: Special judges will be more likely to decide cases in
    favor of the IRS.
    Hypothesis 7: Tax Court judges with IRS experience will be more
    likely to decide cases in favor of the IRS.
    Prior research on District Courts demonstrates the impact of local
    conditions on the District Court. Because of this, the District Court deci- [ Pobierz całość w formacie PDF ]

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