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BALLARD v. COMMISSIONER

No. 03-184.

544 U.S. 40 (2005)

125 S.Ct. 1270

161 L.Ed.2d 227

BALLARD ET UX. v. COMMISSIONER OF INTERNAL REVENUE

Supreme Court of United States.

Decided March 7, 2005.

Attorney(s) appearing for the Case

Stephen M. Shapiro argued the cause for petitioners in both cases. On the briefs in No. 03-184 were Vester T. Hughes, Jr., Robert E. Davis, David J. Schenck, Christopher D. Kratovil, Steven S. Brown, Royal B. Martin, and William G. Sullivan. With Mr. Shapiro on the briefs in No. 03-1034 were Richard H. Pildes, Peter J. Rubin, N. Jerold Cohen, Teresa Wynn Roseborough, Philip Allen Lacovara, and Randall G. Dick.

Deputy Solicitor General Hungar argued the cause for respondent in both cases. With him on the brief were Acting Solicitor General Clement, Assistant Attorney General O'Connor, Deputy Assistant Attorney General Morrison, Traci L. Lovitt, Kenneth L. Greene, and Steven W. Parks.†

JUSTICE GINSBURG delivered the opinion of the Court.

These cases concern the Tax Court's employment of special trial judges, auxiliary officers appointed by the Chief Judge of the Tax Court to assist in the work of the court. See 26 U.S.C. § 7443A(a). Unlike Tax Court judges, who are appointed by the President for 15-year terms, see § 7443(b), (e), special trial judges have no fixed term of office, § 7443A(a). Any case before the Tax Court may be assigned...

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