Gee v. Pacheco, No. 08-8057 - Tax Law - U.S. Tenth Circuit
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Gee v. Pacheco, No. 08-8057

Taxpayer Appeal from Tax Court Decision

In Gee v. Pacheco, No. 08-8057, taxpayers' appeal from the decision by the United States Tax Court upholding the Commissioner's assessment of income tax deficiencies against the taxpayers for the taxable year 2001, the court affirmed the judgment where the taxpayers failed to show the Tax Court how they were prejudiced by the Commissioner's introduction of a legal theory in post-trial briefing.

As the court wrote:  "Appellants Larry and Lisa Klaas appeal the decision by the United States Tax Court upholding the Commissioner's assessment of income tax deficiencies against the Klaases for the taxable year 2001. The sole issue on appeal is whether the Tax Court abused its discretion by determining a tax deficiency based on a legal theory raised in the Commissioner's post-trial brief. Since the Klaases failed to show the Tax Court how they were prejudiced by the Commissioner's introduction of the late theory, we hold that the Tax Court did not err by deciding the case based on the Commissioner's post-trial argument."

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