Opinion

Larson v. Commissioner

  • 66 T.C. 159
  • 1976 U.S. Tax Ct. LEXIS 118
Court
United States Tax Court
Filed
Apr 27, 1976
Status
Published
Author
Goffe
On the bench
Tannenwald,Fay,Hall,Dawson,Featherston,Irwin,Goffe,Wiles,Goffe,Featherston,Wiles,Raum,Drennen,Simpson,Drennen,Sterrett,Raum,Simpson,Drennen,Sterrett,Quealy
Cited by
14 cases
Authority
More cited than 10.3%

The opinion

Goffe, J, concurring: Our first opinion in this case was filed and served on the parties on October 21, 1975. Six judges concurred, of which I was one.

On November 5, 1975, petitioners filed a Motion for Reconsideration by the Full Court which was denied but which the Chief Judge also referred to the trial judge as a motion for reconsideration by the trial judge. The trial judge granted petitioners’ motion on November 7,1975, and on that same date the first opinion was withdrawn. Petitioners, on January 19, 1976, filed a Motion for Leave to File Supplemental Brief which was granted on January 27, 1976. All of the judges who participated have devoted considerable thought to this case both before and after the filing of the original opinion.

The opinion filed on October 21, 1975, has never been officially published by the Court; nevertheless, it created considerable interest among the members of the tax bar and accounting profession when it was filed. The length of time that the first opinion was efficacious, however, was only 17 days. It is perhaps regrettable to some that, after a more full consideration, we have changed our views. On balance, I would prefer criticism for changing my views as a result of additional thought and research than criticism for refusal to change for the sake of apparent consistency. As Justice Frankfurter so aptly put it when the Supreme Court changed its position in Helvering v. Hallock, 309 U.S. 106, 119 (1940), “This Court, unlike the House of Lords, has from the beginning rejected a doctrine of disability at self-correction.” Fred Sylvan, 65 T.C. 548, 556 (1975).

Featherston and Wiles, JJ, agree with this concurring opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.