Explain the Golsen Rule and, in your own words, provide an example of the application of the Golsen Rule.

SWFT Essntl Tax Individ/Bus Entities 2020
23rd Edition
ISBN:9780357391266
Author:Nellen
Publisher:Nellen
Chapter2: Working With The Tax Law
Section: Chapter Questions
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**Understanding the Golsen Rule**

The Golsen Rule is an important concept in legal and judicial processes. This principle mandates that the United States Tax Court must follow the decisions of the court of appeals to which an appeal from the Tax Court's decision would lie, when the Court of Appeals has previously ruled on the issue at hand. This rule essentially ensures consistency in the application of legal precedent within specific jurisdictions.

**Example of the Application of the Golsen Rule**

Consider a scenario where a taxpayer disputes a tax deduction, and the case is brought before the Tax Court. The relevant Court of Appeals for the geographic location of the taxpayer has previously ruled that such a deduction is not allowable. According to the Golsen Rule, the Tax Court must follow the precedent set by the Court of Appeals and rule against the taxpayer, even if the Tax Court judges feel differently about the deduction.

This principle ensures that taxpayers within a certain jurisdiction are subject to the same legal interpretations and judgments, thereby maintaining a uniform application of tax laws.
Transcribed Image Text:**Understanding the Golsen Rule** The Golsen Rule is an important concept in legal and judicial processes. This principle mandates that the United States Tax Court must follow the decisions of the court of appeals to which an appeal from the Tax Court's decision would lie, when the Court of Appeals has previously ruled on the issue at hand. This rule essentially ensures consistency in the application of legal precedent within specific jurisdictions. **Example of the Application of the Golsen Rule** Consider a scenario where a taxpayer disputes a tax deduction, and the case is brought before the Tax Court. The relevant Court of Appeals for the geographic location of the taxpayer has previously ruled that such a deduction is not allowable. According to the Golsen Rule, the Tax Court must follow the precedent set by the Court of Appeals and rule against the taxpayer, even if the Tax Court judges feel differently about the deduction. This principle ensures that taxpayers within a certain jurisdiction are subject to the same legal interpretations and judgments, thereby maintaining a uniform application of tax laws.
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