U.S. CODE

U.S. Code

Rule 173. Pleadings

(a) Petition:

(1) Form and Content: The petition in a small tax case shall be substantially in accordance with Form 2 shown in Appendix I.

(2) Filing Fee: The fee for filing a petition shall be $60, payable at the time of filing. The payment of any fee under this paragraph may be waived if the petitioner establishes to the satisfaction of the Court by an affidavit containing specific financial information the inability to make such payment.

(b) Answer: No answer is required to be filed in a small tax case, except where there is an issue on which the Commissioner bears the burden of proof or where the Court otherwise directs. Where an answer is filed, the provisions of Rule 36 shall apply. In a case where no answer is filed, the allegations of error and facts relating thereto set forth in the petition shall be deemed denied.

(c) Reply: A reply to the answer shall not be filed unless the Court otherwise directs. Any reply shall conform to the requirements of Rule 37 (b). In the absence of a requirement of a reply, the provisions of the second sentence of Rule 37 (c) shall not apply and the affirmative allegations of the answer shall be deemed denied.

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