Matuszak v. Commissioner of Internal Reven
Filing
OPINION, affirming the tax court orders, per curiam (GC, RCW, RJL), FILED.[2070690] [16-3034]
Case 16-3034, Document 68-1, 07/05/2017, 2070690, Page1 of 11
16‐3034
Matuszak v. Commissioner of Internal Revenue
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
______________
August Term 2016
(Argued: April 20, 2017 Decided: July 5, 2017)
Docket No. 16–3034
LINDA JEAN MATUSZAK,
Petitioner‐Appellant,
–v.–
COMMISSIONER OF INTERNAL REVENUE,
Respondent‐Appellee.
______________
Before:
CALABRESI, WESLEY, and LOHIER, Circuit Judges.
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Petitioner‐appellant Linda Jean Matuszak appeals
from a December 29, 2015 order of the United States Tax
Court (Marvel, C.J.) dismissing her untimely petition for
innocent spouse relief for lack of jurisdiction, and from a
July 29, 2016 order of the same court denying Matuszak’s
motion to vacate the order of dismissal. Matuszak concedes
her petition was filed after the ninety‐day period specified
in I.R.C. § 6015(e)(1)(A), but argues the deadline may be
tolled for equitable reasons. We conclude the statutory
period is jurisdictional and AFFIRM.
______________
JEFFREY ZINK, Federal Tax Clinic, Harvard Law
School, Jamaica Plain, MA (T. Keith Fogg,
Federal Tax Clinic, Harvard Law School,
Jamaica Plain, MA; Carlton M. Smith, New
York, NY, on the brief), for Petitioner‐Appellant.
RICHARD CALDARONE, Attorney, Tax Division (Diana
L. Erbsen, Deputy Assistant Attorney General,
Gilbert S. Rothenberg, Francesca Ugolini,
Attorneys, Tax Division, on the brief), for
Caroline D. Ciraolo, Principal Deputy Assistant
Attorney General, Washington, D.C., for
Respondent‐Appellee.
______________
PER CURIAM:
The Internal Revenue Code generally holds spouses
jointly and severally liable for the entire tax due on a joint
return. See I.R.C. § 6013(d)(3). Section 6015 creates several
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exceptions to that rule. It relieves a spouse of joint and
several liability in certain circumstances in which the other
spouse fails to report income or reports it improperly, the
couple is legally separated or no longer living together, or it
would be inequitable to hold the spouse liable for the
amount due. See I.R.C. § 6015(b)(1), (c), (f). If the Internal
Revenue Service (the “IRS”) denies a request for relief
under § 6015, also known as “innocent spouse relief,” the
spouse has ninety days from the date of the IRS’s final
determination to petition the United States Tax Court for
review. See id. § 6015(e)(1)(A).
This appeal arises from the dismissal of a petition for
innocent spouse relief based on petitioner‐appellant Linda
Jean Matuszak’s failure to comply with the ninety‐day
deadline in § 6015(e)(1)(A). The issue is whether Matuszak’s
failure to file the petition within the statutorily prescribed
period deprives the Tax Court of jurisdiction to review her
claim. We conclude that it does and affirm the dismissal of
Matuszak’s untimely petition for lack of jurisdiction.
I.
Matuszak and her husband filed joint income tax
returns in 2007 and 2008. In 2012, Matuszak’s husband
pleaded guilty to charges of fraud and filing a materially
false income tax return, in violation of 18 U.S.C. §§ 1341,
1342 and I.R.C. § 7206(1), for engaging in a scheme to
defraud his employer of more than $1 million and failing to
report the stolen money as income. As part of the plea
agreement, Matuszak’s husband agreed to “file legal and
3
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accurate amended income tax returns . . . for calendar years
2007 and 2008,” J.A. 72, which resulted in income tax
deficiencies of approximately $333,964 for 2007 and
$105,055 for 2008, see id. at 83. The Matuszaks stipulated to
the deficiencies, and the IRS assessed them the amounts
due.
In March 2014, Matuszak requested innocent spouse
relief for both taxable years. The IRS granted her request for
the 2008 deficiency, but denied relief for the 2007 deficiency
in a final notice of determination dated October 7, 2014.
Ninety‐one days later, on January 6, 2015, Matuszak mailed
a petition to the Tax Court seeking review of that decision.
The IRS moved to dismiss Matuszak’s petition for
lack of jurisdiction based on her failure to comply with the
ninety‐day deadline in § 6015(e)(1)(A). That section details
how—and, crucially, when—a spouse may petition the Tax
Court for review of the IRS’s denial of innocent spouse
relief:
In addition to any other remedy provided by
law, the individual may petition the Tax Court
(and the Tax Court shall have jurisdiction) to
determine the appropriate relief available to
the individual under this section if such
petition is filed . . . not later than the close of
the 90th day after the date [the IRS issues its
final notice of determination, or six months
after the date the request was made].
I.R.C. § 6015(e)(1)(A).
4
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The IRS asserted that ninety days after the October 7
notice of determination was January 5, not January 6.
Therefore, even if the Tax Court treated Matuszak’s petition
as if it had been filed on the date it was mailed, see I.R.C.
§ 7502(a), the IRS argued the petition was one day late and
beyond the court’s jurisdiction to review. In response,
Matuszak conceded she did not file the petition by January
5 but urged the court to deem it timely for equitable
reasons. Specifically, she alleged that two IRS agents
informed her she had until “the end of business on January
7” to petition the Tax Court for review. J.A. 19.
The Tax Court (Marvel, C.J.) granted the IRS’s motion
and dismissed Matuszak’s petition for lack of jurisdiction.
The court held that its jurisdiction under § 6015(e)
“depends, in part, on the timely filing of a petition.” Id. at
22. Matuszak did not timely file her petition, the court
determined, because she did not mail it within ninety days
of the IRS’s determination. Relying on settled Tax Court
precedent, the court declined to extend the statutory period
for equitable reasons, noting that even “erroneous legal
advice cannot eliminate, by estoppel or otherwise, the
jurisdictional requirement for a timely filed petition.” Id. at
23 (citing Elgart v. Comm’r, T.C. Memo. 1996–379, 72 T.C.M.
(CCH) 398, at *4 (Aug. 15, 1996)). The Tax Court denied
Matuszak’s motion to vacate the order of dismissal, and this
appeal followed.
5
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II.1
Is the ninety‐day deadline in § 6015(e)(1)(A) a
jurisdictional limit on the Tax Court’s authority to review a
petition for innocent spouse relief? The answer to that
question is more than semantic. See Henderson ex rel.
Henderson v. Shinseki, 562 U.S. 428, 434 (2011). “Branding a
rule as going to a court’s subject‐matter jurisdiction alters
the normal operation of our adversarial system,” id., and
“deprives a court of all authority to hear a case” when a
litigant fails to comply, United States v. Kwai Fun Wong, 135
S. Ct. 1625, 1631 (2015).
Given the “drastic consequences” of labeling a
procedural rule as jurisdictional, the Supreme Court “has
endeavored in recent years to bring some discipline to the
use of [that] term.” Gonzalez v. Thaler, 565 U.S. 134, 141
(2012) (internal quotation marks omitted). Accordingly, the
Court has “pressed a stricter distinction between truly
jurisdictional rules, which govern ‘a court’s adjudicatory
authority,’ and non‐jurisdictional ‘claim processing rules,’
which do not.” Id. (quoting Kontrick v. Ryan, 540 U.S. 443,
454–55 (2004)); see also Hoogerheide v. I.R.S., 637 F.3d 634, 638
(6th Cir. 2011) (describing a non‐jurisdictional rule as one
that “goes to a plaintiff’s right to relief, not to his [or her]
right to enter the federal courts”).
We have jurisdiction to review the Tax Court’s decision, see
I.R.C. § 7482(a)(1), and that review is de novo, see Maier v. Comm’r,
360 F.3d 361, 363 (2d Cir. 2004).
1
6
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Statutes of limitation and other filing deadlines
typically fall into the latter category. Although they may
use mandatory, even emphatic, terms, they often “seek to
promote the orderly progress of litigation, . . . not deprive a
court of authority to hear a case.” Wong, 135 S. Ct. at 1632
(internal quotation marks omitted); see also Musacchio v.
United States, 136 S. Ct. 709, 717 (2016) (the statute of
limitations for federal crimes in 18 U.S.C. § 3282(a) “does
not expressly refer to subject‐matter jurisdiction or speak in
jurisdictional terms”); Sebelius v. Auburn Reg’l Med. Ctr., 568
U.S. 145, 154 (2013) (the time period to appeal to a review
board under 42 U.S.C. § 1395oo(a)(3) contains no “words
with jurisdictional import”); Henderson, 562 U.S. at 438 (the
deadline to file a notice of appeal with the Veterans Court
under 38 U.S.C. § 7266(a) “does not speak in jurisdictional
terms or refer in any way to the jurisdiction of the Veterans
Court” (internal quotation marks and brackets omitted)).
Nevertheless, “Congress is free to attach the
conditions that go with the jurisdictional label to a rule that
we would prefer to call a claim‐processing rule.” Henderson,
562 U.S. at 435. When Congress “clearly states” that a
statutory limit is jurisdictional, we must treat it that way,
Arbaugh v. Y&H Corp., 546 U.S. 500, 515 (2006)—“even if
equitable considerations would support extending the
prescribed time period,” Wong, 135 S. Ct. at 1631.
The ninety‐day deadline at issue here is one of the
“rare” statutory periods that speak in clear jurisdictional
terms. See Wong, 135 S. Ct. at 1632. Section 6015(e)(1)(A)
provides that “the Tax Court shall have jurisdiction . . . to
determine the appropriate relief available to [an] individual
7
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under this section if [the] petition is filed . . . not later than”
the earlier of ninety days after the date the IRS mails its
final notice of determination, or six months after the request
was made. I.R.C. § 6015(e)(1)(A) (emphases added). Not
only did Congress place the grant of jurisdiction and the
time limitation in the same sentence and subsection, it
expressly conditioned the Tax Court’s jurisdiction on the
timely filing of a petition: “the Tax Court shall have
jurisdiction . . . if [the] petition is filed” within the specified
period. Id. (emphasis added).2
Statutory context confirms that reading. The
subsection immediately following § 6015(e)(1)(A) states that
the IRS may not undertake collection of the spouse’s tax
liability as it relates to the request for innocent spouse relief
until the ninety‐day period for petitioning the Tax Court
expires, or, if the spouse files a petition, until the Tax
Our sister circuits and the Tax Court have construed a
similarly‐worded deadline to petition the Tax Court in a
collection due process hearing as jurisdictional. See I.R.C.
§ 6330(d)(1). Section 6330(d)(1) provides that a person who
receives a determination from the IRS following a collection due
process hearing “may, within 30 days of [the] determination . . .
petition the Tax Court for review of such determination (and the
Tax Court shall have jurisdiction with respect to such matter).”
Like the ninety‐day deadline in § 6015(e)(1)(A), the thirty‐day
deadline in § 6330(d)(1) is “set forth in the same sentence of the
statute” and is “explicitly linked” to the Tax Court’s jurisdiction.
Guralnik v. Comm’r, 146 T.C. 230, 237 (2016); accord Hauptman v.
Comm’r, 831 F.3d 950, 953 (8th Cir. 2016); Gray v. Comm’r, 723
F.3d 790, 793 (7th Cir. 2013).
2
8
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Court’s decision becomes final. See I.R.C. § 6015(e)(1)(B)(i).
It further states that “[t]he Tax Court shall have no
jurisdiction . . . to enjoin any action or proceeding unless a
timely petition has been filed under subparagraph (A).” Id.
§ 6015(e)(1)(B)(ii) (emphasis added). Read alongside
§ 6015(e)(1)(B), the ninety‐day deadline in § 6015(e)(1)(A)
represents “[t]he most obvious example” of a jurisdictional
rule, because Congress clearly and repeatedly expressed
that it imposes a jurisdictional limit on the Tax Court’s
authority. See Miller v. FDIC, 738 F.3d 836, 844 (7th Cir.
2013) (citing Arbaugh, 546 U.S. at 515).3
Moreover, we have construed another statutory
requirement in the same subsection of § 6015 as
jurisdictional. The prefatory language to § 6015(e)(1) reads:
“In the case of an individual . . . who elects to have
[innocent spouse provisions] apply, . . . the individual may
The Seventh Circuit recently concluded that a similar clause in
I.R.C. § 6213(a) renders the ninety‐day deadline to petition the
Tax Court in a deficiency case jurisdictional. See Tilden v. Comm’r,
846 F.3d 882, 886–87 (7th Cir. 2017). Like § 6015(e)(1)(B),
§ 6213(a) states that “[t]he Tax Court shall have no jurisdiction to
enjoin any action or proceeding or order any refund under this
subsection unless a timely petition for a redetermination of the
deficiency has been filed.” I.R.C. § 6213(a). According to the
Seventh Circuit, that clause alone contains “the magic word[s]”
that deprive the Tax Court of jurisdiction over untimely
petitions. Tilden, 846 F.3d at 886. The ninety‐day deadline at
issue here speaks in equally clear jurisdictional terms, because it
is linked to the Tax Court’s jurisdiction in both § 6015(e)(1)(A)
and § 6015(e)(1)(B).
3
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petition the Tax Court (and the Tax Court shall have
jurisdiction) to determine the appropriate relief available to
the individual under this section.” I.R.C. § 6015(e)(1). In
Maier, we interpreted that language to mean that the spouse
who petitions the Tax Court must be the spouse seeking
innocent spouse status, and that the Tax Court lacks
jurisdiction to review a petition by the non‐electing spouse.
See Maier, 360 F.3d at 363–64. Because the Tax Court “may
exercise jurisdiction only pursuant to specific legislative
enactments” and “nowhere in § 6015 is the Tax Court
conferred with jurisdiction . . . to hear a non‐electing
spouse’s petition,” id., we held that the statute restricts the
court’s jurisdiction to a petition by the electing spouse. See
id. at 365.
The same is true with respect to the ninety‐day filing
period in § 6015(e)(1)(A), which contains a stronger
jurisdictional link than the clause we considered in Maier.
The plain meaning of § 6015(e)(1)(A) is that the Tax Court
“shall have jurisdiction” over a petition for innocent spouse
relief only “if [the] petition is filed” within ninety days of
the IRS’s final determination or six months after the request
was made. See I.R.C. § 6015(e)(1)(A). Indeed, “we cannot
read § 6015 any other way than to preclude jurisdiction”
over a petition filed after the ninety‐day period. See Maier,
360 F.3d at 364.4 The timeliness requirement is explicitly
4
We are not alone in concluding that the text and context of
§ 6015(e)(1)(A) signal Congress’s intent to treat the deadline as
jurisdictional. The Tax Court has long held that the ninety‐day
period is jurisdictional. See, e.g., Pollock v. Comm’r, 132 T.C. 21,
10
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linked to the statute’s grant of jurisdiction; it therefore
imposes a jurisdictional limit on the Tax Court’s authority
to hear the claim.5
III.
Because § 6015(e)(1)(A) expressly references the Tax
Court’s jurisdiction and conditions that jurisdiction on the
timely filing of a petition, the ninety‐day deadline is
jurisdictional. We therefore agree with the Tax Court that it
lacks jurisdiction to entertain Matuszak’s untimely petition
for innocent spouse relief. The orders of the Tax Court are
AFFIRMED.
28–32 (2009); Gormeley v. Comm’r, T.C. Memo. 2009‐252, 98
T.C.M. (CCH) 420, at *2–3 (Nov. 9, 2009); Sykes v. Comm’r, T.C.
Memo. 2009‐197, 98 T.C.M. (CCH) 150, at *4–5 (Sept. 3, 2009).
And the Third Circuit has recently arrived at the same
conclusion. See Rubel v. Comm’r, 856 F.3d 301, 304–06 (3d Cir.
2017).
5
Although the Tax Court lacks jurisdiction to review an
untimely petition for innocent spouse relief, taxpayers who miss
the ninety‐day deadline in § 6015(e)(1)(A) may have other
means, outside the Tax Court, to seek review of the IRS’s
determination. See Appellee’s Br. 47 (suggesting that a taxpayer
may pay the assessed deficiency and then seek review of the
IRS’s denial of innocent spouse relief in a refund suit in federal
district court or the Federal Court of Claims). We express no
opinion on the availability of those alternative remedies in this
case.
11
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