Justice Breyer announced today’s only opinion, in United States v. Home Concrete & Supply. By a vote of five to four, the Court affirmed the decision of the Fourth Circuit, holding that Section 6501(e)(1)(A) of the Internal Revenue Code, which extends the limitations period for the government to assess a deficiency against a taxpayer, does not apply when a taxpayer overstates the basis in property that he has sold, thereby understating the gain received from the sale.  Justice Scalia filed an opinion concurring in part and concurring in the judgment. Justice Kennedy filed a dissenting opinion, which was joined by Justices Ginsburg, Sotomayor, and Kagan.

Posted in Merits Cases

Recommended Citation: Kali Borkoski, Details on today’s opinion, SCOTUSblog (Apr. 25, 2012, 10:35 AM), http://www.scotusblog.com/2012/04/details-on-today%e2%80%99s-opinion-4/