Rubin v. United States

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Plaintiff appealed the district court's judgment in favor of the Government in his tax refund action. Plaintiff argued that the net income for the subchapter S corporation, of which he was the sole shareholder, was substantially overstated on the corporation's tax return by the bankruptcy trustee who filed the return, resulting in personal income tax payments by plaintiff that were substantially more than he actually owed.The Ninth Circuit reversed the district court's judgment and held that the filings by plaintiff satisfied the requirement for a "statement identifying the inconsistency" pursuant to 26 U.S.C. 6037(c)(2)(A)(ii). In this case, the filings sufficiently identified the inconsistencies between plaintiff's tax returns and those of the S corporation. The panel affirmed as to plaintiff's abandoned appeal of his refund claim for tax year 2001 and remanded for further proceedings. View "Rubin v. United States" on Justia Law

Posted in: Tax Law

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