H.R. 5349
TAS Act
Sponsor: Nathaniel Moran
1 cosponsor
Official summary
Written by the Congressional Research Service.
Tax Court Improvement Act
This bill expands the authority of the U.S. Tax Court to issue subpoenas, authorizes the Tax Court to extend certain petition deadlines, and makes other changes related to Tax Court procedures.
The bill authorizes the Tax Court to issue subpoenas compelling the production of documents and other items from a litigant or witness for evidentiary or discovery purposes (whether or not it is in connection with a scheduled hearing). (Under current law, the Tax Court may issue subpoenas only to compel the attendance and testimony of witnesses and the production of evidence at a scheduled hearing or deposition.)
The bill authorizes the Tax Court to extend (or toll) the deadline to file a Tax Court petition contesting an Internal Revenue Service (IRS) deficiency notice if it is equitable to do so (known as equitable tolling). Further, under the bill, the dismissal of a petition contesting an IRS deficiency notice because the petition is not filed before the deadline and equitable tolling is denied is not treated as a decision of the Tax Court. This allows a subsequent claim to be filed in U.S. district court if certain conditions are met.
The bill also
- expands the type of Tax Court proceedings for which special trial judges may be appointed,
- authorizes Tax Court special trial judges to impose fines up to $5,000 and up to 30 days in jail for contempt of court, and
- requires Tax Court judges and special trial judges to recuse themselves in certain circumstances.
Text of the bill
I Tax Administration and Customer Service
II American Citizens Abroad
Where this section came from
Not in the first version (Introduced in House, Sep 15).
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Sep 30, 2026 · Engrossed Amendment Senate S.Amdt. 6848: To amend the title. Official page › S.Amdt. 6847: In the nature of a substitute. Official page ›
(a) Treatment of penalties as taxes. Section 6671(a) is amended—
(1) by striking The penalties and liabilities provided by this subchapter and inserting the following:
(1) In general. Any penalties provided by this title, including the penalties and liabilities provided by this subchapter,
(2) by striking the penalties and liabilities provided by this subchapter. and inserting the penalties provided by this title, including the penalties and liabilities provided by this subchapter., and
(3) by adding at the end the following new paragraph:
(2) Exception. Paragraph (1) shall not apply to any penalty not provided by this subchapter if such penalty is a penalty for which a civil or criminal action is prescribed as the method of collection or has been consistently treated by the Secretary before the date of the enactment of this paragraph as such a penalty.
(b) Notice requirement for certain penalties
(1) In general. Subchapter C of chapter 68 is amended by adding at the end the following new section:
6752. Preliminary notice and right of review for covered penalties
(a) Notice
(1) In general. No covered penalty shall be assessed unless the Secretary provides a notice to the taxpayer in writing by mail to an address as determined under section 6212(b) that contains the following information:
(A) The covered penalty proposed to be assessed.
(B) The taxable years or periods involved.
(C) The basis for the proposed penalty.
(D) Information about the right of the taxpayer to request review as provided in subsection (b).
(2) Timing of notice. The mailing of the notice described in paragraph (1) shall precede any notice and demand of any covered penalty by at least 60 days (120 days in the case of a notice addressed to a taxpayer outside the United States).
(b) Right to a review. Within 60 days (120 days in the case of a notice sent to a taxpayer outside the United States) of the mailing of the notice described in subsection (a), the taxpayer may request a review of the proposed penalty by the Internal Revenue Service Independent Office of Appeals.
(c) Suspension of assessment and collection
(1) In general. A covered penalty may not be assessed, demanded, or collected before—
(A) the expiration of the period provided under subsection (b), or
(B) in any case in which the taxpayer requests a review under subsection (b), the date a final determination is issued in such review.
(2) Statute of limitations. If a notice described in subsection (a) with respect to any covered penalty is mailed before the expiration of the period provided by section 6501 for the assessment of such penalty (determined without regard to this paragraph), the running of such period shall be suspended for the period during which assessment is prohibited under this section and for 30 days thereafter.
(d) Covered penalty. For purposes of this section, the term covered penalty means any penalty imposed under section 6038(b)(1), 6038A(d)(1), 6038B(c), 6038C(c), 6038D(d)(1), 6039F(c)(1)(B), or 6677.
(e) Exception for jeopardy. This section shall not apply if the Secretary finds that the collection of the penalty is in jeopardy.
(f) Regulations. The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out this section, including regulations or other guidance relating to—
(1) procedures for issuing notices under subsection (a), and
(2) establishing simplified reviews for cases in which the penalty amount at issue does not exceed a designated dollar threshold.
(2) Clerical amendment. The table of sections for subchapter C of chapter 68 is amended by adding at the end the following new item:
Sec. 6752. Preliminary notice and right of review for covered penalties.
(c) Interpretive rules
(1) Taxpayer rights. Nothing in the amendments made by this section shall be construed to create any limitation on the rights of a taxpayer—
(A) under subchapter C or D of chapter 64 of the Internal Revenue Code of 1986, or
(B) to pursue refund litigation with respect to the assessment or imposition of any penalty imposed under such Code.
(2) No inference. Nothing in the amendments made by this section shall be construed to create any inference with respect to the treatment of any covered penalty (as defined in section 6752 of the Internal Revenue Code of 1986, as added by this section) before the date of the enactment of this Act.
III Judicial Review
IV Office of the Taxpayer Advocate
V Tax Return Preparers
VI Appeals
VII Whistleblowers
VIII Hostages
IX Small Businesses
X Miscellaneous