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SUPREME COURT OF THE UNITED STATES
_________________
No. 20–1472
_________________
BOECHLER, P.C., PETITIONER
v.
COMMISSIONER OF INTERNAL REVENUE
on writ of certiorari to the united states
court of appeals for the eighth circuit
[April 21, 2022]
Justice Barrett delivered the opinion of the
Court.
The Internal Revenue Service can seize taxpayer
property to collect tax debts. Before it does so, however, the
taxpayer is typically entitled to a “collection due process
hearing”—a proceeding at which the taxpayer can challenge the levy
or offer collection alternatives like payment by installment. That
hearing may have a happy (or at least relatively happy) ending from
the taxpayer’s perspective. But if not, the taxpayer has 30 days to
petition the Tax Court for review.
Boechler, P.C., the petitioner in this case,
missed the deadline by one day. According to the Commissioner of
the IRS, this tardiness extinguished Boechler’s opportunity to seek
review of the agency’s determination. The Commissioner insists that
the deadline is jurisdictional, which means that the Tax Court has
no authority to consider late-filed petitions. And even if it is
not jurisdictional, the Commissioner argues, the Tax Court lacks
the power to accept a tardy filing by applying the doctrine of
equitable tolling. We disagree with the Commissioner on both
scores.
I
Boechler is a law firm in Fargo, North Dakota.
In 2015, the IRS notified Boechler of a discrepancy in its tax
filings. When Boechler did not respond, the agency assessed an
“intentional disregard” penalty and notified Boechler of its intent
to levy—in other words, to seize and sell—Boechler’s property to
satisfy the penalty. See 26 U. S. C. §§6330(a),
6721(a)(2), (e)(2)(A). That got Boechler’s attention, and in an
effort to prevent the levy, it requested a hearing before the
agency’s Independent Office of Appeals. §6330(b). This
proceeding—known as a collection due process hearing—generally
provides taxpayers with administrative review before the IRS takes
their property. §6330(a)(1). At its hearing, Boechler challenged
the penalty, arguing both that there was no discrepancy in its tax
filings and that the penalty was excessive.
The Independent Office of Appeals sustained the
proposed levy. Under §6330(d)(1), Boechler had 30 days to petition
the Tax Court to review this collection due process determination.
But Boechler dropped the ball and filed its petition a day late.
The Tax Court dismissed the petition for lack of jurisdiction and
the Eighth Circuit affirmed, agreeing that §6330(d)(1)’s 30-day
filing deadline is jurisdictional and thus cannot be equitably
tolled. 967 F.3d 760 (2020). We granted certiorari. 594 U. S.
___ (2021).
II
A
Jurisdictional requirements mark the bounds of
a “court’s adjudicatory authority.”
Kontrick v.
Ryan,
540 U.S.
443, 455 (2004). Yet not all procedural requirements fit that
bill. Many simply instruct “parties [to] take certain procedural
steps at certain specified times” without conditioning a court’s
authority to hear the case on compliance with those steps.
Henderson v.
Shinseki,
562 U.S.
428, 435 (2011). These nonjurisdictional rules “promote the
orderly progress of litigation” but do not bear on a court’s power.
Ibid.
The distinction matters. Jurisdictional
requirements cannot be waived or forfeited, must be raised by
courts
sua sponte, and, as relevant to this case, do
not allow for equitable exceptions.
Id., at 434–435;
Sebelius v.
Auburn Regional Medical Center,
568 U.S.
145, 154 (2013). Mindful of these consequences, we have
endeavored “to bring some discipline” to use of the jurisdictional
label.
Henderson, 562 U. S., at 435.
To that end, we treat a procedural requirement
as jurisdictional only if Congress “clearly states” that it is.
Arbaugh v.
Y & H Corp.,
546
U.S. 500, 515 (2006). Congress need not “incant magic words,”
Auburn, 568 U. S., at 153, but the “traditional tools
of statutory construction must plainly show that Congress imbued a
procedural bar with jurisdictional consequences,”
United
States v.
Kwai Fun Wong, 575 U.S. 402, 410 (2015). This
case therefore turns on whether Congress has clearly stated that
§6330(d)(1)’s deadline to petition for review of a collection due
process determination is jurisdictional.
Section 6330(d)(1) provides:
“The person may, within 30 days of a
determination under this section, petition the Tax Court for review
of such determination (and the Tax Court shall have jurisdiction
with respect to such matter).”
The only jurisdictional language appears in the
parenthetical at the end of the sentence. All agree that the
parenthetical grants the Tax Court jurisdiction over petitions for
review of collection due process determinations. And all agree that
the provision imposes a 30-day deadline to file those petitions.
The question is whether the provision limits the Tax Court’s
jurisdiction to petitions filed within that timeframe.
The answer depends on the meaning of “such
matter,” the phrase marking the bounds of the Tax Court’s
jurisdiction. Boechler contends that it refers only to the
immediately preceding phrase: a “petition [to] the Tax Court for
review of such determination.” If so, the filing deadline is
independent of the jurisdictional grant. The Commissioner, by
contrast, argues that “such matter” refers to the entire first
clause of the sentence, sweeping in the deadline and granting
jurisdiction only over petitions filed within that time. On this
reading, the deadline is jurisdictional.
As we see it, the text does not clearly mandate
the jurisdictional reading. It is hard to see how it could, given
that “such matter” lacks a clear antecedent. The word “matter” does
not appear elsewhere in §6330(d)(1), and no other “ ‘noun or
noun phrase’ ” serves as the obvious antecedent. A. Scalia
& B. Garner, Reading Law: The Interpretation of Legal Texts 144
(2012). Both parties cope with this awkward structure by treating
“petition” as a noun, even though it appears in the provision as a
verb. Maybe the parties are right that the statute asks the single
word “petition” to perform double duty. But relying on this
grammatical sleight of hand does not exactly help the
Commissioner’s argument that the text is clear. Moreover, even
taking “petition” as a noun, Boechler’s interpretation has a small
edge. The last-antecedent rule instructs that the correct
antecedent is usually “the nearest reasonable” one.
Ibid.
And Boechler links “such matter” to the phrase immediately
preceding the jurisdictional parenthetical, while the Commissioner
stretches back one phrase more. This is hardly a slam dunk for
Boechler, but it is one reason to prefer its reading—or at least to
regard the Commissioner’s as not clearly right.
It is also worth noting that the parties’
back-and-forth does not exhaust the universe of plausible ways to
read “such matter.” For example, “such matter” might refer to “such
determination” (which in turn refers to a “determination under this
section”). Or “such matter” might refer to the preceding
subsection’s list of “[m]atters” that may be considered during the
collection due process hearing. 26 U. S. C. §6330(c).
Neither possibility ties the Tax Court’s jurisdiction to the filing
deadline, and that is another point in Boechler’s favor. Where
multiple plausible interpretations exist—only one of which is
jurisdictional—it is difficult to make the case that the
jurisdictional reading is clear. See
Sossamon v.
Texas,
563 U.S.
277, 287 (2011).
Nothing else in the provision’s text or
structure advances the case for jurisdictional clarity. The
deadline, which appears in the first independent clause of the
sentence, explains what the taxpayer may do: “The person may,
within 30 days of a determination under this section, petition the
Tax Court for review of such determination.” §6330(d)(1). The
jurisdictional grant, which appears in a parenthetical at the end
of the sentence, speaks to what the Tax Court shall do: “(and the
Tax Court shall have jurisdiction with respect to such matter).”
Ibid. As explained above, this language can be plausibly
construed to condition the Tax Court’s jurisdiction on a timely
filing. But the condition would not be express and would be found
in a parenthetical, which is typically used to convey an “aside” or
“afterthought.” B. Garner, Modern English Usage 1020 (4th ed.
2016).
Finally, the broader statutory context confirms
the lack of any clear statement in §6330(d)(1). Other tax
provisions enacted around the same time as §6330(d)(1) much more
clearly link their jurisdictional grants to a filing deadline. See
26 U. S. C. §6404(g)(1) (1994 ed., Supp. II) (the Tax
Court has “jurisdiction over any action . . . to
determine whether the Secretary’s failure to abate interest under
this section was an abuse of discretion, . . . if such
action is brought within 180 days”); §6015(e)(1)(A) (1994 ed.,
Supp. IV) (“The individual may petition the Tax Court (and the Tax
Court shall have jurisdiction) to determine the appropriate relief
available to the individual under this section if such petition is
filed during the 90-day period”). These provisions accentuate the
lack of comparable clarity in §6330(d)(1).
B
The Commissioner’s counterarguments fall
short. To begin with, the Commissioner repeats his refrain that
“such matter” refers to the entire first clause of the sentence,
thereby conditioning the Tax Court’s jurisdiction on the deadline.
We agree that this is a plausible interpretation of the statute.
Some might even think it better than Boechler’s. But in this
context, better is not enough. To satisfy the clear-statement rule,
the jurisdictional condition must be just that: clear. And as we
have already explained, the Commissioner’s interpretation is
not.
What of the fact that the jurisdictional grant
and filing deadline appear in the same provision, even the same
sentence? This does not render the Commissioner’s reading clear
either. A requirement “does not become jurisdictional simply
because it is placed in a section of a statute that also contains
jurisdictional provisions.”
Auburn, 568 U. S., at 155.
Consequently, this is not the first time we have parsed a single
statutory sentence to distinguish between its jurisdictional and
nonjurisdictional elements. See
Weinberger v.
Salfi,
422 U.S.
749, 763–764 (1975). Rather than proximity, the important
feature is the one that is missing here: a clear tie between the
deadline and the jurisdictional grant.
The Commissioner contends that a neighboring
provision clarifies the jurisdictional effect of the filing
deadline. Section 6330(e)(1) provides that “if a [collection due
process] hearing is requested . . . the levy actions
which are the subject of the requested hearing . . .
shall be suspended for the period during which such hearing, and
appeals therein, are pending.” To enforce that suspension, a
“proper court, including the Tax Court,” may “enjoi[n]” a “levy or
proceeding during the time the suspension . . . is in
force,” but “[t]he Tax Court shall have no jurisdiction under this
paragraph to enjoin any action or proceeding unless a timely appeal
has been filed under subsection (d)(1).” §6330(e)(1).
Section 6330(e)(1) thus plainly conditions the
Tax Court’s jurisdiction to enjoin a levy on a timely filing under
§6330(d)(1). According to the Commissioner, this suggests that
§6330(d)(1)’s filing deadline is also jurisdictional. It would be
strange, the Commissioner says, to make the deadline a
jurisdictional requirement for a particular remedy (an injunction),
but not for the underlying merits proceeding itself. If that were
so, the Tax Court could accept late-filed petitions but would lack
jurisdiction to enjoin collection in such cases. So if the IRS
disobeyed §6330(e)(1)’s instruction to suspend the levy during the
hearing and any appeal, the taxpayer would have to initiate a new
proceeding in district court to make the IRS stop.
We are unmoved—and not only because the scenario
the Commissioner posits would arise from the IRS’s own
recalcitrance. The possibility of dual-track jurisdiction might
strengthen the Commissioner’s argument that his interpretation is
superior to Boechler’s. Yet as we have already explained, the
Commissioner’s interpretation must be not only better, but also
clear. And the prospect that §6330(e)(1) deprives the Tax Court of
authority to issue an injunction in a subset of appeals (where a
petition for review is both filed late and accepted on equitable
tolling grounds) does not carry the Commissioner over that line. If
anything, §6330(e)(1)’s clear statement—that “[t]he Tax Court shall
have no jurisdiction . . . to enjoin any action or
proceeding unless a timely appeal has been filed”—highlights the
lack of such clarity in §6330(d)(1).
The Commissioner’s weakest argument is his last:
He insists that §6330(d)(1)’s filing deadline is jurisdictional
because at the time that deadline was enacted, lower courts had
held that an analogous tax provision regarding IRS deficiency
determinations is jurisdictional. (That provision says that
“[w]ithin 90 days . . . the taxpayer may file a petition
with the Tax Court for a redetermination of the deficiency.” 26
U. S. C. §6213(a).) According to the Commissioner,
Congress was aware of these lower court cases and expected
§6330(d)(1)’s time limit to have the same effect. So, he says, the
statutory backdrop resolves any doubt that might linger in the
text.
The Commissioner’s argument misses the mark. The
cases he cites almost all predate this Court’s effort to “bring
some discipline” to the use of the term “jurisdictional.”
Henderson, 562 U. S., at 435. And while this Court has
been willing to treat “ ‘a long line of [Supreme] Cour[t] decisions
left undisturbed by Congress’ ” as a clear indication that a
requirement is jurisdictional,
Fort Bend County v.
Davis, 587 U. S. ___, ___ (2019) (slip op., at 6), no
such “long line” of authority exists here.
III
Of course, the nonjurisdictional nature of the
filing deadline does not help Boechler unless the deadline can be
equitably tolled. Equitable tolling is a traditional feature of
American jurisprudence and a background principle against which
Congress drafts limitations periods.
Lozano, 572 U. S.,
at 10–11. Because we do not understand Congress to alter that
backdrop lightly, nonjurisdictional limitations periods are
presumptively subject to equitable tolling.
Irwin v.
Department of Veterans Affairs,
498 U.S.
89, 95–96 (1990).[
1]
We see nothing to rebut the presumption here.
Section 6330(d)(1) does not expressly prohibit equitable tolling,
and its short, 30-day time limit is directed at the taxpayer, not
the court. Cf.
id., at 94–96 (holding that a statutory time
limit with the same characteristics is subject to equitable
tolling). The deadline also appears in a section of the Tax Code
that is “ ‘ “unusually protective” ’ ” of
taxpayers and a scheme in which “ ‘laymen, unassisted by
trained lawyers,’ ” often “ ‘initiate the
process.’ ”
Auburn, 568 U. S., at 160. This
context does nothing to rebut the presumption that
nonjurisdictional deadlines can be equitably tolled.
To counter these points, the Commissioner
invokes
United States v.
Brockamp,
519 U.S.
347 (1997), in which we held equitable tolling inapplicable to
§6511’s deadline for taxpayers to file refund claims.
Id.,
at 348. But
Brockamp, which rested on several distinctive
features of that statutory deadline, is inapposite. Congress wrote
the time limit in “unusually emphatic form,” and its “detailed
technical” language “c[ould not] easily be read as containing
implicit exceptions.”
Id., at 350. The statute also
“reiterate[d]” the deadline “several times in several different
ways.”
Id., at 351. And the statute “explicit[ly] list[ed]”
numerous (six) exceptions to the deadline.
Id., at 352. The
“nature of the underlying subject matter—tax
collection—underscore[d] the linguistic point.”
Ibid. That
was because of the “administrative problem” of allowing equitable
tolling when the “IRS processe[d] more than 200 million tax
returns” and “issue[d] more than 90 million refunds” each year.
Ibid.
Section 6330(d)(1)’s deadline is a far cry from
the one in
Brockamp. This deadline is not written in
“emphatic form” or with “detailed” and “technical” language, nor is
it reiterated multiple times. The deadline admits of a single
exception (as opposed to
Brockamp’s six), which applies if a
taxpayer is prohibited from filing a petition with the Tax Court
because of a bankruptcy proceeding. §6330(d)(2). That makes this
case less like
Brockamp and more like
Holland v.
Florida,
560 U.S.
631 (2010), in which we applied equitable tolling to a deadline
with a single statutory exception. See
id., at 647–648. And
it bears emphasis that
Brockamp does not control simply
because it also dealt with a statute relating to tax collection. In
this case, any concerns about the administrability of applying
equitable tolling to §6330(d)(1) pale in comparison to those at
issue in
Brockamp, which dealt with a central provision of
tax law. The deadline here serves a far more limited and ancillary
role in the tax collection system. If anything, the differences
between the statute at issue in
Brockamp and this one
underscore the reasons why equitable tolling applies to
§6330(d)(1).
The Commissioner protests that if equitable
tolling is available, the IRS will not know whether it can proceed
with a collection action after §6330(d)(1)’s deadline passes. The
Commissioner acknowledges that the deadline is already subject to
tolling provisions found elsewhere in the Tax Code—for example,
tolling is available to taxpayers located in a combat zone or
disaster area. Tr. of Oral Arg. 37–40. But he says that the IRS can
easily account for these contingencies because it continuously
monitors whether any taxpayer is in a combat zone or disaster area.
Ibid. Tolling the §6330(d)(1) deadline outside these
circumstances, the Commissioner insists, would create much more
uncertainty.
Id., at 37–38.
We are not convinced that the possibility of
equitable tolling for the relatively small number of petitions at
issue in this case will appreciably add to the uncertainty already
present in the process. To take the most obvious example, petitions
for review are considered filed when mailed. 26 U. S. C.
§7502(a)(1). The 30-day deadline thus may come and go before a
petition “filed” within that time comes to the IRS’s attention.
Presumably, the IRS does not monitor when petitions for review are
mailed. So it is not as if the IRS can confidently rush to seize
property on day 31 anyway.
None of this is to say that Boechler is entitled
to equitable tolling on the facts of this case. That should be
determined on remand. We simply hold that §6330(d)(1)’s filing
deadline, like most others, can be equitably tolled in appropriate
cases.
* * *
Section 6330(d)(1)’s 30-day time limit to file
a petition for review of a collection due process determination is
an ordinary, nonjurisdictional deadline subject to equitable
tolling. We reverse the contrary judgment of the Court of Appeals
and remand the case for further proceedings consistent with this
opinion.
It is so ordered.
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