U.S. Supreme Court: Cert. Granted in 6 Year Statute of Limitations Case

The U.S. Supreme Court has granted certiorari in Home Concrete & Supply v. United States, a decision of the 4th Circuit Court of Appeals on the much litigated application of the 6-year statute of limitations. Home Concrete was the first of the 6 year statute cases (also known as the Intermountain cases) to reach the Supreme Court. When the Court selected Home Concrete for hearing it was also presented with the opportunity to hear similar cases from the Federal Circuit (Grapevine) and 7th Circuit (Beard) but apparently has put those petitions on hold pending the decision in Home Conrete.

For more visit Tax Appellate Blog.

7th Circuit: Overstatement of Basis triggers 6 Year Statute of Limitations

The Seventh Circuit Court of Appeals overturns the Tax Court holding that a taxpayer’s overstatement of basis in a Son of Boss tax shelter is an omission of income under ยง 6501(e) triggering the six year statute of limitations.

For commentary on the implications of this opinion visit Tax Appellate Blog.

Read the Opinion:
Beard v. Commissioner, No. 09-3741 (7th Cir. Jan. 26 2011)

Innocent Spouse Regulation is an Invalid Interpretation of the Statute

In a case appealable to the Sixth Circuit Court of Appeals, the Tax Court maintains that Treas. Reg. 1.6015-5(b)(1) is an invalid interpretation of IRC 6015(f) in circuits other than the Seventh Circuit (where such a ruling was overturned in Lantz v. Commissioner).

Hall v. Commissioner, 135 T.C. No. 19 (2010)

7th Circuit: Two Year Limit for filing Innocent Spouse Claims

The Seventh Circuit reverses the Tax Court and holds that innocent spouse claims must be made within two years of the beginning of IRS collection activity.

Lantz v. Commissioner, No. 09-3345 (7th Cir. June 8, 2010)

For more discussion on the Lantz decision and Sec. 6015(f) please click here.