The U.S. Tax Court and the U.S. Court of Appeals for the Eleventh Circuit provide reversed decisions on whether the Packard family is eligible for the first-time homebuyer tax credit. This memo report evaluates courts’ decisions to determine which one is superior.
Background
Petitioner
Petitioner married Marianna Packard on November 22, 2008, and they have separate residences until purchasing the house for $203,500 in Tarpon Springs, Florida on December 1, 2009. Mrs. Packard owned and resided in a residence in Clearwater, Florida from April 1, 2004 to November 17, 2009. Petitioner rented a dwelling in Tarpon Springs, Florida, and he does not own the residence during the three years before December 1, 2009. Petitioner and Mrs. Packard
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§ 36(c) of the Internal Revenue Code. At the same time, the Tax Court does not execute the law based on its plain language. Proposition of Fact
The Court of Appeals interpreted the plain language of US tax regulations better than did the Tax Court. The Court of Appeals clearly states that the plain language in § 36(c)(1) and § 36(c)(6) of the Internal Revenue Code indicates Congress’s intent to treat married couples as a single inseparable unit for purposes of determining first-time homebuyer eligibility. However, the Tax Court insists that it believes Congress does not intend to restrict the policy, and the Packards are eligible for the credit.
Proposition of Value
The federal tax law clearly defines the word “individual” and “married couple.” The Tax Court introduces that petitioner and Mrs. Packard are the first-time homebuyer pursuant to paragraph (1) and paragraph (6) respectively, which is from the perspective of each individual. The Court of Appeals states that the Packards is a single inseparable unit for purposes of determining first-time homebuyer eligibility. In my opinion, I think the Court of Appeals is more clear and accurate in explaining the tax system.
Proposition of Policy
The federal law protects US citizens’ right to qualify for the tax credit if they can meet all requirements. At the same time, citizens should pay tax at their income level. The Packards has the
Hoffman, W., Maloney, D., Raabe, W., & Young, J. (2013). Federal Taxation Comprehensive Volume. (36 ed.). Ohio: South-W
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