Altera Again Reversed by the 9th Circuit

The Ninth Circuit has once again reversed the Tax Court in Altera v. Commissioner. The case was reheard after the untimely death of Judge Reinhardt. He was replaced on the panel by Judge Susan Graber. The change made little difference in the outcome. Judge O’Malley authored a strong dissent based on the fundamental principles of administrative law.

Read the opinion here: Altera v. Commissioner