In a Tax Court petition challenging an IRS deficiency notice, judgment for Petitioner is affirmed, where a taxpayer does not “omit[ ] from gross income an amount properly includible therein” for purposes of 26 U.S.C. section 6501(e)(1)(A) by overstating its basis.

Read the full decision in Bakersfield Energy Partners v. Commissioner of Internal Revenue, No. 07-74275.

Appellate Information:

Appeal from a Decision of the United States Tax CourtArgued and Submitted February 9, 2009 – Pasadena, CaliforniaFiled June 17, 2009

Judges:

Before: Andrew J. Kleinfeld, Carlos T. Bea, and Sandra S. Ikuta, Circuit Judges.

Opinion by Judge Ikuta

Counsel:

Steven R. Mather, Beverly Hills, California, for the petitioners-appellees.

Joan I. Oppenheimer, Washington, D.C., for the respondent-appellant.

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