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Mark V. Holmes
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2018 - Present
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Mark Van Dyke Holmes is an Article I federal judge serving on senior status for the United States Tax Court. He joined the court in 2003 after a nomination from President George W. Bush (R).[1][2]
President Donald Trump renominated Holmes to a 15-year term on the Tax Court on February 6, 2019.[3] Holmes' nomination was returned to the president at the sine die adjournment of the U.S. Senate on January 3, 2021.[4] President Trump renominated Holmes on the same day. President Joe Biden (D) withdrew the nomination on February 4, 2021.[5] Click here for more information on Holmes' federal judicial nomination.
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.
Judicial nominations and appointments
United States Tax Court (2019 renomination)
- See also: Federal judges nominated by Donald Trump
On February 6, 2019, President Donald Trump (R) renominated Holmes to the United States Tax Court.[3] To read more about the federal nominations process, click here.
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| Nominee Information |
| Name: Mark Van Dyke Holmes |
| Court: United States Tax Court |
| Progress |
| Returned 697 days after nomination. |
 Nominated: February 6, 2019
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| ABA Rating: Not rated by the ABA
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| Questionnaire: |
 Hearing:
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| QFRs: (Hover over QFRs to read more) |
| Reported:
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| Confirmed:
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| Returned: January 3, 2021
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| Withdrawn: February 4, 2021
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Nomination
On February 6, 2019, President Donald Trump (R) renominated Holmes to the United States Tax Court.[3] The nomination was returned on January 3, 2020.[6][7] The president submitted Holmes' nomination again on December 10, 2020.[8] Holmes' nomination was returned to the president at the sine die adjournment of the U.S. Senate on January 3, 2021. The president renominated Holmes on January 3.[4] President Joe Biden (D) withdrew the nomination on February 4, 2021.[5]
United States Tax Court (2003 nomination)
On February 25, 2003, President George W. Bush (R) nominated Holmes to a 15-year term on the United States Tax Court. The U.S. Senate confirmed Holmes by voice vote on April 3, 2003.[9] He joined the court on June 30, 2003.[2] To read more about the federal nominations process, click here.
Confirmation vote
The U.S. Senate confirmed Holmes by voice vote on April 3, 2003.[9]
Senate Finance Committee hearing
Holmes had his hearing before the Senate Finance Committee on April 1, 2003. His nomination was reported to the full Senate on April 2, 2003.[9]
Nomination
Holmes was nominated to replace Judge Julian L. Jacobs, whose term expired.[9]
Education
Holmes earned his B.A. in 1979 from Harvard and a J.D. from the University of Chicago Law School in 1983.[2]
Professional career
- 2003-present: United States Tax Court
- 2018-present: Senior judge
- 2003-2018: Judge
- 2001-2003: Deputy assistant attorney general, Tax Division
- 1996-2001: Counsel, Miller & Chevalier
- 1991-1996: Counsel to Commissioners, United States International Trade Commission
- 1987-1991: Associate, Sullivan & Cromwell
- 1985-1987: Law clerk to Judge Alex Kozinski, U.S. Court of Appeals for the 9th Circuit
- 1983-1985: Associate, Cahill Gordon & Reindel[2]
About the court
| Tax Court |
|---|
| Federal Circuit |
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| 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: |
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.
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). According to the court's website, the jurisdiction also includes, "authority to redetermine transferee liability, make certain types of declaratory judgments, adjust partnership items, order abatement of interest, award administrative and litigation costs, redetermine worker classification, determine relief from joint and several liability on a joint return, review certain collection actions, and review awards to whistleblowers who provide information to the Commissioner of Internal Revenue on or after December 20, 2006."[10]
To read opinions published by this court, click here.
See also
External links
Footnotes
- ↑ United States Tax Court, "Judge directory"
- ↑ 2.0 2.1 2.2 2.3 United States Tax Court, "Mark Holmes biography"
- ↑ 3.0 3.1 3.2 White House, "Twelve Nominations Sent to the Senate," February 6, 2019
- ↑ 4.0 4.1 WhiteHouse.gov, "Thirty Nominations Sent to the Senate," January 3, 2021
- ↑ 5.0 5.1 Congress.gov, "PN7 — Mark Van Dyke Holmes — United States Tax Court," accessed February 8, 2021
- ↑ Congress.gov, "PN366 — Mark Van Dyke Holmes — United States Tax Court," accessed January 6, 2020
- ↑ Under Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate, pending nominations are returned to the president if the Senate adjourns sine die or recesses for more than 30 days. Congressional Research Service, "Senate Consideration of Presidential Nominations: Committee and Floor Procedure," April 11, 2017
- ↑ WhiteHouse.gov, "One Nomination Sent to the Senate," December 10, 2020
- ↑ 9.0 9.1 9.2 9.3 Congress.gov, "PN352 — Mark Van Dyke Holmes — United States Tax Court," accessed December 11, 2020
- ↑ United States Tax Court, About the Court
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| Active judges |
Chief Judge: Kathleen Kerrigan • Maurice B. Foley • Joseph H. Gale • Peter J. Panuthos • Lewis R. Carluzzo • Ronald L. Buch • Joseph W. Nega • Elizabeth Ann Copeland • Tamara Ashford • Cary Douglas Pugh • Patrick J. Urda • Courtney Dunbar Jones • Emin Toro • Diana L. Leyden • Travis Greaves • Alina Marshall • Christian Weiler • Adam Landy • Eunkyong Choi • Kashi Way • Rose Jenkins • Jeffrey Arbeit • Cathy Fung • Benjamin Guider • Zachary Fried • Jennifer Siegel | ||
| Senior judges |
| ||
| Former Article I judges | John O. Colvin • Joseph H. Gale • Diane L. Kroupa • Robert A. Wherry, Jr. • Renato Beghe • Herbert L. Chabot • Carolyn P. Chiechi • Howard A. Dawson, Jr. • Joel Gerber • Harry A. Haines • Julian I. Jacobs • David Laro • Arthur L. Nims, III • Robert P. Ruwe • Stephen J. Swift • Thomas B. Wells • Laurence J. Whalen • Robert N. Armen • John F. Dean • Daniel A. Guy, Jr. • | ||
| Special Trial Judges |
Peter J. Panuthos • Lewis R. Carluzzo • Diana L. Leyden • Adam Landy • Zachary Fried • Jennifer Siegel • | ||
| Former Chief judges |
Mary Ann Cohen • Maurice B. Foley • Howard A. Dawson, Jr. • Joel Gerber • Arthur L. Nims, III • | ||
