|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|11-139||4th Cir.||Jan 17, 2012||Apr 25, 2012||5-4||Breyer||OT 2011|
Holding: Section 6501(e)(1)(A) of the Internal Revenue Code, which extends the limitations period for the government to assess a deficiency against a taxpayer, does not apply when a taxpayer overstates the basis in property that he has sold, thereby understating the gain received from the sale.
Plain English Summary: The tax law gives the Internal Revenue Service (IRS) only a limited amount of time, known as a statute of limitations, to challenge a taxpayer’s statement on his tax return of the amount of tax that he owes. Ordinarily, that period is three years, but the law provides that it is six years in certain circumstances where it is unusually difficult for the IRS to determine that it has a disagreement with the taxpayer’s approach. In this case, the Court considered whether a particular situation – where the taxpayer has overstated its original cost of a piece of property – falls within the three-year category or instead within the six-year category. Adhering to the interpretation of the same language in an old Supreme Court decision involving a slightly different law, the Court held that the three-year statute of limitations applies. The result is that it is too late for the IRS to contest the tax liability of a large group of taxpayers that participated in certain similar deals and, according to the IRS, did not properly report the tax consequences of those deals.
Merits Briefs for the Petitioner
Merits Briefs for the Respondents
Amicus Briefs in Support of the Respondents
Released today: annual financial disclosures for eight of the nine justices. Key takeaways: substantial book-royalty income for Sotomayor and Gorsuch; reduced travel reimbursements across the board during the pandemic.
Full story from @AHoweBlogger:
Less travel, plenty of royalties for justices in 2020 - SCOTUSblog
The effects of the COVID-19 pandemic were reflected in an unusual source: the justices’ 2020 financial disclosur...
Opinions next week — Monday and Thursday at 10:00 a.m. ET.
With 21 opinions to go, #SCOTUS enters the home stretch: Opinions expected on Monday and Thursday again next week, at 10 am Eastern both days. Court will also issue orders from today's conference at 9:30 am on Monday, June 14.
NEW: SCOTUS rules against federal government's interpretation of the Armed Career Criminal Act. Court says a felony involving recklessness does not satisfy the law's "use of physical force" element and thus does not trigger the law's "violent felony" mandatory minimum sentence.
It's a @SCOTUSblog kind of morning
R.I.P. Judge Robert Katzmann of the U.S. Court of Appeals for the 2nd Circuit. His influence on SCOTUS and American law was enormous.
The Supreme Court will release opinion(s?) at 10:00 a.m. ET. We’ll fire up the live blog at 9:45.
There are 22 outstanding opinions in argued cases including the Affordable Care Act, LGBTQ+ / religious liberty, voting rights, and student speech. https://www.scotusblog.com/2021/06/announcement-of-opinions-for-thursday-june-10/
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