Salman Ranch, Ltd., et al. v. United States, 573 F.3d 1362 (Fed. Cir. 2009)

(overstatement of basis (resulting in understatement of reported gain on sale of property) is not an "omission from gross income" for purposes of extending the statute of limitations (from 3 to 6 years) for IRS to assess additional income tax if omission is greater than 25 percent of amount of gross income stated on the return; decision reverses Court of Federal Claims decision (Salman Ranch, Ltd. v. United States, 79 Fed. Cl. 189 (2007) and is consistent with Bakersfield Energy Partners, LP, et al. v. Comr., 568 F.3d 767 (9th Cir. 2009); court relied on Colony, Inc. v. Comr., 357 U.S. 28 (1958) where the Supreme Court indicated that the statutory language specifically referred to the specific situation where a taxpayer actually omitted income that had been received or accrued when computing gross income rather than errors in computing gross income).

CALT does not provide legal advice. Any information provided on this website is not intended to be a substitute for legal services from a competent professional. CALT's work is supported by fee-based seminars and generous private gifts. Any opinions, findings, conclusions or recommendations expressed in the material contained on this website do not necessarily reflect the views of Iowa State University.

RSS​ Facebook Twitter