What is the test for establishing that a claim under the Tax Reform Act is not within the Act?

MultiRegion, United States of America

The following excerpt is from Heimbach v. Chu, 744 F.2d 11 (2nd Cir. 1984):

Appellant contends that his claim is not within the Act because its primary challenge is to the legislative procedure rather than the resultant tax. See Parker v. Merlino, 493 F.Supp. 381, 386 (D.N.J.1980), aff'd, 646 F.2d 848, 852-53 n. 11 (3d Cir.1981). This argument is not persuasive.

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