United States First Circuit

Denial of a petition for a redetermination of tax liability is affirmed where: 1) a self-imposed restriction on the availability of income cannot legally defer recognition of that income; and 2) there was no genuine issue of material fact regarding the amount of petitioner's taxable income.

Appellate Information

• Decided 05/04/2007
• Published 05/04/2007

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Timothy J. Burke, for appellant.


• For Appellees:
  
• Jonathan S. Cohen, Attorney, Tax Division, U.S. Department of Justice, with whom Eileen J. O'Connor, Assistant Attorney General, and Regina S. Moriarty, Attorney, Tax Division, were on brief, for appellee.