Kashi Way

Tax Court
	Federal Circuit
Judgeships
	Posts: 19
	Judges: 19
	Vacancies: 0
Judges
	Chief: Kathleen Kerrigan
	Active judges: Jeffrey Arbeit, Tamara Ashford, Ronald L. Buch, Elizabeth Ann Copeland, Maurice B. Foley, Cathy Fung, Travis A. Greaves, Benjamin Guider, Rose Jenkins, Courtney Dunbar Jones, Kathleen Kerrigan, Adam Landy, Alina Marshall, Joseph W. Nega, Cary Douglas Pugh, Emin Toro, Patrick J. Urda, Kashi Way, Christian Weiler; Senior judges:; Mary Ann Cohen, Joseph Robert Goeke, David Gustafson, James S. Halpern, Mark V. Holmes, Albert G. Lauber, L. Paige Marvel, Richard T. Morrison, Elizabeth Crewson Paris, Michael B. Thornton, Juan F. Vasquez

Nomination Tracker
Nominee Information
	Name: Kashi Way
	Court: United States Tax Court
Progress
	Confirmed 173 days after nomination.
	Nominated: February 3, 2024
	ABA Rating: N/A
	Questionnaire: Questionnaire
	Hearing: June 4, 2023
	Hearing Transcript: Hearing Transcript
	QFRs: (Hover over QFRs to read more)
	Reported: June 13, 2024
	Confirmed: July 25, 2024
	Vote: 79-16

Kashi Way is a judge on the United States Tax Court. On February 3, 2024, President Joe Biden (D) nominated Way to the court.^[1]^[2] Way was confirmed by the United States Senate on July 25, 2024, by a vote of 79-16.^[3] To see a full list of judges appointed by Joe Biden, click here.

The United States Tax Court is an Article I federal trial court established by Congress under Article I of the U.S. Constitution. To learn more about the court, click here.

Prior to joining the court, Way was senior legislation counsel with the Joint Committee on Taxation.^[4]

Judicial nominations and appointments

United States Tax Court (2024-present)

See also: Federal judges nominated by Joe Biden

On February 3, 2024, President Joe Biden (D) nominated Way to the United States Tax Court.^[2] He was confirmed by a 79-16 vote of the U.S. Senate on July 25, 2024.^[3] Way received commission on August 7, 2024.^[1] To read more about the federal nominations process, click here.

Confirmation vote

The U.S. Senate confirmed Way by a vote of 79-16 on July 25, 2024.^[3] To see a full breakdown of the vote on the official U.S. Senate website, click here.

Kashi Way confirmation vote (July 25, 2024)
Party	Yea	Nay	No vote
Democratic	45	0	0
Republican	30	16	3
Independent	4	0	0
Total	79^[5]	16	5

Senate Finance Committee hearing

The United States Senate Committee on Finance held hearings on Way's nomination on June 4, 2024. The committee advanced Way to the full U.S. Senate on June 13, 2024. Click here for a list of other nominees awaiting a committee hearing.^[3]

Nomination

On February 3, 2024, President Joe Biden (D) nominated Way to the United States Tax Court.

Way was nominated to replace Judge Mark V. Holmes, who assumed senior status on June 30, 2018.^[6]

Biography

Early life and education

Way was born in Pennsylvania. He earned a bachelor's degree from the University of Southern California in 1993, a master's degree from Columbia University in 1995, and a law degree from the University of Virginia in 1999.^[1]

Professional career

2024-Present: Judge, United States Tax Court
2005-2024: Joint Committee on Taxation of the United States Congress
- 2015-2024: Senior Legislation Counsel
- 2005-2015: Legislation Counsel
2001-2005: Private practice, Washington, DC
1999-2001: Law Clerk to Joseph H. Gale, United States Tax Court

Way has served as the editor-in-chief for Virginia Tax Review. He was admitted to the California Bar in 1999 and the District of Columbia bar in 2002.^[1]

About the court

The United States Tax Court is an Article I federal trial court established by Congress under Article I of the U.S. Constitution, Section 8 of which provides (in part) that the Congress has the power to "constitute Tribunals inferior to the supreme Court." Tax Court judges are appointed for a term of fifteen years.

Jurisdiction

The court has jurisdiction over claims across the United States.

The Tax Court specializes in adjudicating disputes over federal income tax, generally prior to the time at which the formal tax assessments are made by the Internal Revenue Service. Though taxpayers may choose to litigate tax matters in a variety of legal settings, the Tax Court is the only forum in which taxpayers outside of bankruptcy may do so without having first paid the disputed tax in full. Parties who contest the imposition of a tax may also bring an action in any United States District Court, or in the United States Court of Federal Claims; however these venues require that the tax be paid first, and that the party then file a lawsuit to recover the contested amount paid (the "full payment rule" of Flora v. United States).^[7]^[8]

You can find a searchable decision database here.

The federal nomination process

Federal judges are nominated by the president of the United States and confirmed by the Senate. There are multiple steps to the process:

The president nominates an individual for a judicial seat.
The nominee fills out a questionnaire and is reviewed by the Senate Judiciary Committee.
The Senate Judiciary Committee holds a hearing with the nominee, questioning them about things like their judicial philosophy, past rulings or opinions, etc.

As part of this process, the committee sends a blue slip to senators from the home state in which the judicial nomination was received, allowing them to express their approval or disapproval of the nominee.

After the hearing, the Senate Judiciary Committee will vote to approve or return the nominee.

If approved, the nominee is voted on by the full Senate.
If the Committee votes to return the nominee to the president, the president has the opportunity to re-nominate the individual.

The Senate holds a vote on the candidate.

If the Senate confirms the nomination, the nominee receives a commission to serve a lifelong position as a federal judge.
If the Senate does not confirm the nomination, that nominee does not become a judge.