Tax — income tax — statute of limitations

By: WISCONSIN LAW JOURNAL STAFF//April 25, 2012//

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U.S. Supreme Court

Civil

Tax — income tax — statute of limitations

A taxpayers’ overstatements of basis does not trigger the extended limitations period under 26 U.S.C. 6501(e)(1)(A).

Colony determines the outcome of this case. The operative language of the 1939 provision and the provision at issue is identical. It would be difficult to give the same language here a different interpretation without overruling Colony, a course of action stare decisis counsels against. John R. Sand & Gravel Co. v. United States, 552 U. S. 130. The Government suggests that differences in other nearby parts of the 1954 Code favor a different interpretation than the one adopted in Colony. However, its arguments are too fragile to bear the significant weight it seeks to place upon them.

634 F. 3d 249, affirmed.

11-139 U.S. v. Home Concrete & Supply, LLC

Breyer, J.; Scalia, J., concurring in part; Kennedy, J., dissenting.

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