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Judicial Action

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The adjudication by the court of a controversy by hearing the cause and determining the respective rights of the parties.

A judgment, decree, or decision rendered by a court, which concerns a contested issue brought before the tribunal by parties who voluntarily appear or who have been notified to appear by Service of Process. It is the interpretation, application, and enforcement of existing law relating to a particular set of facts in a particular case. Judicial action is the determination of the rights and interests of adverse parties.

Judicial action is taken only when a Justiciable controversy arises or where a claim of right is asserted against a party who has an interest in contesting that claim. A court does not make a decision when a hypothetical difference exists but only when there is an actual controversy affecting the rights and interests of the parties.



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Section 406 of the act amended IRC section 7623 to increase rewards to between 15% and 30% of the collected proceeds (including penalties, interest, additions to tax and other amounts) where the IRS pursues an administrative or judicial action against a taxpayer based on information brought to its attention by a whistleblower.
While focusing on the human rights of victims, the recent shift in anti-trafficking trends does not overlook the need for taking punitive judicial action against traffickers and prostitute-users.
The new provision turns that 15-percent ceiling into the floor, and increases the cap to 30 percent in those cases where the IRS pursues an administrative or judicial action against a taxpayer based on information brought to its attention by the whistleblower.
 
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