Alan Horowitz Comments in Tax Analysts on the Possibility that the Supreme Court will Hear Beard Case

"News Analysis: Fighting for Supreme Court Review of the 6-Year Statute"
Tax Analysts
08.18.11Alan Horowitz comments on whether the Supreme Court will grant certiorari in the coming term to hear one of the cases decided by several circuit courts involving an extended statute of limitations period due to alleged overstated basis resulting in omissions from gross income. Beard [v. Commissioner] is the hands-down favorite for certiorari, Horowitz comments. "I believe it is not much of a race, as the government allowed Beard to get there first, and that case will be ready for the Court to rule on at its first conference. The government deliberately and successfully played its cards to get Beard in front of Home Concrete," he says. Although some have questioned whether the Court might punt on hearing Beard because the Seventh Circuit did not address the validity of the section 6501(e) regulations, such speculation is doubtful to have much sway. "The winning party can defend the outcome on other grounds not relied upon by the court of appeals, so the government can argue that the regulations save its interpretation even if the Court disagrees with the Seventh Circuit's reasoning on Colony and the statute," he continues.
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