United States Tenth Circuit
Van Scoten v. Comm'r of Internal Revenue, 05-9000
Tax court decision holding petitioners liable for an accuracy-related penalty as a result of their negligence in claiming losses from a cattle partnership they were invested in during a particular tax year is affirmed over their claims of error regarding: 1) a failure to consider facts; 2) their reliance on advice; 3) their reliance on a particular decision; 4) their active monitoring of their investment, 5) the negligence standard applied, 6) a determination that partnerships were abusive tax shelters; and 7) honest misunderstanding of fact.
Appellate Information
- Decided 03/10/2006
- Published 03/10/2006
Judges
- PAUL KELLY, JR., Circuit Judge., Before KELLY, HENRY, and McCONNELL, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- Terri A. Merriam (and Wendy S. Pearson, Pearson & Merriam, P.C, with her on the briefs), Seattle, WA, for Petitioners-Appellants.
- For Appellees:
- Anthony T. Sheehan (and Bruce R. Ellisen, Tax Division, Department of Justice, and Eileen J. O'Connor, Assistant Attorney General, on the brief), Washington, D.C., for Respondent-Appellee.