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8 (2) Section 7345(f) is amended by striking 9 ‘‘subsection (a)’’ and inserting ‘‘subsection 10 (b)(1)(B)’’.

11 (b) EFFECTIVE DATE.—The amendments made by 12 this section shall take effect as if included in section 13 32101 of the Fixing America’s Surface Transportation 14 Act.“every module on an individual’s account with an unpaid assessed tax liability that is not statutorily excepted from the definition of seriously delinquent tax debt or otherwise in a category excluded from certification.

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Once the attorney answers the case, it will not be referred to Appeals because of the ”automated nature of the Service’s process for identifying modules and certifying individuals with seriously delinquent tax debts and because the determinations will have been verified by the assigned attorneys in answering the cases.” This guidance together with the other guidance provided above tells you what the IRS thinks of the scope of judicial review here. I expect the courts may have something to say about that even if they generally agree with the scope of review.In addition to discussing the recent guidance, I have copied below, thanks to an alert from Carl Smith, the language of a small amendment to jurisdiction of these cases. – The Act provides for judicial review of the Secretary’s certification that an individual has a seriously delinquent tax debt, either in a U. The provision also provides a tie-breaker rule clarifying that the court first acquiring jurisdiction over the action has sole jurisdiction, and corrects a cross reference.21 SEC. AMENDMENTS RELATING TO FIXING AMERICA’S 22 SURFACE TRANSPORTATION ACT.23 (a) AMENDMENTS RELATING TO SECTION 32101.— 24 (1) Section 7345(e)(1) is amended— 1 (A) by striking ‘‘or the Tax Court’’ and in- 2 serting ‘‘, or against the Commissioner in the 3 Tax Court,’’, and 4 (B) by adding at the end the following: 5 ‘‘For purposes of the preceding sentence, the 6 court first acquiring jurisdiction over such an 7 action shall have sole jurisdiction.’’.The SBSE Commissioner will certify that the identified individuals each have a seriously delinquent tax debt.The Service, under section 7508(a)(3), will postpone the certification of taxpayer serving in a combat zone or contingency operation.

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