MORTENSEN v. C.I.R.

No. 05-1344.

440 F.3d 375 (2006)

Glenn A. MORTENSEN, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 28, 2006.


Attorney(s) appearing for the Case

ARGUED: Terri A. Merriam, Pearson-Merriam, Seattle, Washington, for Appellant. Annette Wietecha, United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Terri A. Merriam, Wendy S. Pearson, Pearson-Merriam, Seattle, Washington, for Appellant. Annette Wietecha, Richard Farber, United States Department of Justice, Washington, D.C., for Appellee.

Before: MERRITT, MARTIN, and GILMAN, Circuit Judges.


OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

This is an appeal from the United States Tax Court's decision upholding the Commissioner's determination that Mr. Mortensen is liable for a section 6662(a) negligence penalty of $784 for the taxable year 1991. The penalty stems from Mortensen's deductions on his tax return based on his investment in cattle breeding partnerships established by Walter J. Hoyt III. The Hoyt Partnerships have generated litigation...

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