S. 4761 explained  ·  119th Congress  ·  Pending in Congress

Tax Court Parity Act

Create a free account or sign in to follow S. 4761 and get alerts. Policy area: Taxation Create a free account or sign in to follow the Taxation policy area and get alerts. ▲ 131 days since action Sponsor: Tim Scott, SC-Senate, R → Congress.gov

Cosponsors: 1 (1 D, 0 R) · per Congress.gov, 2026-10-08

Introduced: 2026-06-11

Latest action (2026-06-11): Read twice and referred to the Committee on Finance.

What S. 4761 does, in plain terms

The Congressional Research Service has not published a summary of S. 4761 yet. Its official title: “Tax Court Parity Act”.

Constitution Index

“VFA Constitution grade”

Not graded yet

S. 4761 has not been graded yet. New measures with an official summary are graded daily under the published rubric.

The Framers

“Founders’ Verdict”

CONSTITUTIONAL

Confidence 0.75

Archived SI output (machine-generated)

No editorial review recorded. This historical SI verdict was machine-generated by software and predates the review desk; check it against the official bill text.

Synthesis

The bill is constitutional because it falls within Congress's enumerated powers under Article I, Section 8 to lay and collect taxes and to constitute tribunals inferior to the Supreme Court. The Tax Court, as an Article I legislative court, may have its procedural authority clarified by Congress without encroaching on Article III judicial power, as its decisions remain subject to appellate review. The necessary and proper clause further supports this action, and the Tenth Amendment is not violated as the taxing power is expressly delegated. The clarification respects separation of powers and due process.

Hamilton YES

This bill is constitutional as it falls squarely within Congress's enumerated power to constitute tribunals inferior to the Supreme Court and to lay and collect taxes. The Tax Court, as an Article I legislative court, exercises jurisdiction over tax disputes by delegation from Congress. Clarifying its authority to grant relief from judgments or orders is a procedural refinement that does not encroach upon the judicial power of Article III courts, as the Tax Court's decisions remain subject to review by the federal courts of appeals. The separation of powers is preserved because Congress retain…

Article I, Section 8, Clause 9 Article I, Section 8, Clause 1 Federalist No. 78 Federalist No. 81
Jefferson YES

This bill merely clarifies the existing authority of the Tax Court to order relief from a judgment or order, which falls squarely within the power of Congress to lay and collect taxes under Article I, Section 8. The Tax Court is an Article I tribunal established by Congress to adjudicate tax disputes, and clarifying its remedial authority does not expand federal power beyond what is necessary for the execution of the taxing power. The Tenth Amendment reserves to the states and the people all powers not delegated, but here the delegation is clear: the power to tax includes the power to create c…

Article I, Section 8, Clause 1 Amendment X
Madison YES

This bill is constitutional because it falls within Congress's enumerated powers to lay and collect taxes and to constitute tribunals inferior to the Supreme Court. The Tax Court, as an Article I legislative court established under these powers, operates within the framework of federal tax law. Clarifying its authority to order relief from a judgment or order is a procedural matter that Congress may properly regulate under its power to define the jurisdiction and processes of such courts. The necessary and proper clause further supports this action as a means to effectuate the tax collection s…

Article I, Section 8, Clause 1 Article I, Section 8, Clause 9 Article I, Section 8, Clause 18
Marshall CONDITIONAL

The bill seeks to clarify the authority of the Tax Court to order relief from a judgment or order. As with all federal tribunals, the Tax Court's jurisdiction is circumscribed by the Constitution and the laws enacted pursuant thereto. The Constitution vests the judicial power in courts established under Article III, and the Tax Court is a legislative court created under Article I. Its authority to grant relief must be consistent with the separation of powers and the limited jurisdiction conferred by Congress. The proposed amendment, unless it infringes upon the finality of judgments essential …

Article I, Section 8, Clause 9 (Power to constitute Tribunals inferior to the supreme Court) Marbury v. Madison (1803) (It is emphatically the province of the judicial department to say what the law is; courts may not exceed constitutional limits)
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