Calendar Call

At the Calendar Call, you make your first appearance before the judge. It takes place on the first day of the “trial session” listed on your Notice Setting Case for Trial. It is generally a housekeeping session to let the court know where the case stands, and to set a day and time for the trial.

To a certain extent, it can also serve as a pretrial conference concerning pending motions or evidence issues. The Court will always be interested in the progress of the Stipulation of Facts, and will work with the parties to get one signed. You may be under considerable pressure from the court to sign Stipulations. Be sure to state your objections to any fact or document you want excluded from evidence.

Your trial could possibly be the same day, if they are moving briskly through the list of cases. Generally, however, you will be given a day and time later in the week. The Court will work with you to accommodate your schedule if you don’t have every day in the week free, or if you have a preference for one day or time over another.

The court usually has a long list of cases to get through. The list is printed in alphabetical order on a multipage docket sheet. Copies will be stacked around the spectator area beforehand for people to take. Be sure to be there when your case is called. They go through the list quickly.

When you’ve received a day and time for the trial, you are probably done for the day. You are free to pursue further negotiations with the other side if you haven’t got everything ready, or just prepare your case for presentation at the trial.

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The author is not an attorney. He does not offer legal advice. His book and this website provide information about conducting a case in U.S. Tax Court without an attorney. The information is generally available from public sources, including, among others, the website of the United States Tax Court, law libraries, the United States Code, the Code of Federal Regulations, the Federal Rules of Evidence, the Federal Rules of Civil Procedure, the Internal Revenue Manual, and other publicly and privately published sources. The author has included information acquired from personal experience conducting and observing Tax Court cases.

You should not use the book or this website as a final authority on any matter it discusses. Should you have questions about the law or its application to your situation, the author and publisher recommend you seek the assistance of competent legal counsel.