United States Ninth Circuit

Defendant's tax evasion conviction is affirmed, where the District Court properly denied Defendant's request for a "return of capital" instruction because Defendant's offer of proof did not satisfy the requirement that the corporate distribution at issue exceed the taxpayer's basis in stock.

Appellate Information

• Argued 01/21/2009
• Decided 03/09/2009
• Published 03/09/2009

Judges

• THOMAS, Circuit Judge:, Before:  PAMELA ANN RYMER and SIDNEY R. THOMAS, Circuit Judges, and STEPHEN G. LARSON, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• John D. Cline, Kelli Crouch, Jones Day, San Francisco, CA, for the defendant-appellant., Nathan J. Hochman, Assistant Attorney General;  Alan Hechtkopf, Karen M. Quesnel, S. Robert Lyons, Attorneys, Department of Justice, Tax Division, Washington, D.C., for the plaintiff-appellee.