Rule 182 — Cases in Which the Special Trial Judge Is Authorized to Make the Decision

Except as otherwise directed by the Chief Judge, the following procedure will be observed in small tax cases (as defined in Rule 170); in cases where neither the amount of the deficiency placed in dispute (within the meaning of Code section 7463), nor the amount of any claimed overpayment, exceeds $50,000; in declaratory judgment actions; in lien and levy actions; and in whistleblower actions:

(a) Small Tax Cases: Except in cases where findings of fact or opinion are stated orally pursuant to Rule 152, a Special Trial Judge who conducts the trial of a small tax case will, as soon after trial as is practicable, prepare a summary of the facts and reasons for the proposed disposition of the case, which will be submitted promptly to the Chief Judge, or, if the Chief Judge directs, to a Judge or Division of the Court.

(b) Cases Involving $50,000 or Less: Except in cases where findings of fact or opinion are stated orally pursuant to Rule 152, a Special Trial Judge who conducts the trial of a case (other than a small tax case) where neither the amount of the deficiency placed in dispute (within the meaning of Code section 7463), nor the amount of any claimed overpayment, exceeds $50,000 will, as soon after trial as is practicable, prepare proposed findings of fact and opinion, which will be submitted promptly to the Chief Judge.

(c) Declaratory Judgment, Lien and Levy, and Whistleblower Actions: A Special Trial Judge who conducts the trial of a declaratory judgment action or, except in cases where findings of fact or opinion are stated orally pursuant to Rule 152, a lien or levy or a whistleblower action, or to whom such a case is submitted for decision, will, as soon after trial or submission as is practicable, prepare proposed findings of fact and opinion, which will be submitted promptly to the Chief Judge.

(d) Decision: The Chief Judge may authorize the Special Trial Judge to make the decision of the Court in any small tax case (as defined in Rule 170); in any case where neither the amount of the deficiency placed in dispute (within the meaning of Code section 7463), nor the amount of any claimed overpayment, exceeds $50,000; in any declaratory judgment action; in any lien or levy action; and in any whistleblower action, subject to such conditions and review as the Chief Judge may provide.

(e) Procedure in Event of Assignment to a Judge: In the event the Chief Judge assigns a case (other than a small tax case) to a Judge to prepare a report in accordance with Code section 7460 and to make the decision of the Court, the proposed findings of fact and opinion previously submitted to the Chief Judge will be filed as the Special Trial Judge’s recommended findings of fact and conclusions of law. Thereafter, the procedures of Rule 183(b), (c), and (d) apply.

(As amended and generally effective December 20, 2006, 130 T.C. 491–93; as amended, effective March 20, 2023, 160 T.C. 675–77. For prior history, see 81 T.C. 1068–69 (1983); 82 T.C. 1073 (1984); 85 T.C. 1138 (1985); 93 T.C. 971–72 (1989); 120 T.C. 609–11 (2003); 125 T.C. 342 (2005). Rule 182 was originally designated as Rule 183, see 81 T.C. 1068–69 (1983). For prior Rule 183 history, see 60 T.C. 1150 (1973); 71 T.C. 1215 (1979); 79 T.C. 1150–51 (1982).)