[Code of Federal Regulations]
[Title 26, Volume 18]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR301.7481-1]

[Page 543]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 301_PROCEDURE AND ADMINISTRATION--Table of Contents
 
                          Judicial Proceedings
 
Sec. 301.7481-1  Date when Tax Court decision becomes final; decision 
modified or reversed.

    (a) Upon mandate of Supreme Court. Under section 7481(3)(A) of the 
Code, if the Supreme Court directs that the decision of the Tax Court be 
modified or reversed, the decision of the Tax Court rendered in 
accordance with the mandate of the Supreme Court shall become final upon 
the expiration of 30 days from the time it was rendered, unless within 
such 30 days either the Commissioner or the taxpayer has instituted 
proceedings to have such decision corrected to accord with the mandate, 
in which event the decision of the Tax Court shall become final when so 
corrected.
    (b) Upon mandate of the Court of Appeals. Under section 7481(3)(B) 
of the Code, if the decision of the Tax Court is modified or reversed by 
the U.S. Court of Appeals, and if--
    (i) The time allowed for filing a petition for certiorari has 
expired and no such petition has been duly filed, or
    (ii) The petition for certiorari has been denied, or
    (iii) The decision of the U.S. Court of Appeals has been affirmed by 
the Supreme Court, then the decision of the Tax Court rendered in 
accordance with the mandate of the U.S. Court of Appeals shall become 
final on the expiration of 30 days from the time such decision of the 
Tax Court was rendered, unless within such 30 days either the 
Commissioner or the taxpayer has instituted proceedings to have such 
decision corrected so that it will accord with the mandate, in which 
event the decision of the Tax Court shall become final when so 
corrected.