FERGUSON v. C.I.R.

No. 06-60697.

568 F.3d 498 (2009)

Searcy M. FERGUSON, Jr.; Elizabeth L. Ferguson, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

May 12, 2009.


Attorney(s) appearing for the Case

Searcy M. Ferguson, Jr. (argued), Dallas, TX, pro se and for Elizabeth Ferguson.

Randolph Lyons Hutter (argued), Nathan J. Hochman, Andrea R. Tebbets, U.S. Dept. of Justice, Tax Div., Robert R. DiTrolio, Clerk, U.S. Tax Court, Clarissa C. Potter, IRS, Washington, DC, for CIR.

Greg L. Germain, Syracuse University College of Law, Syracuse, NY, pro se Amicus Curiae.

Before DeMOSS, DENNIS and OWEN, Circuit Judges.


OWEN, Circuit Judge:

Searcy and Elizabeth Ferguson appeal from a decision of the Tax Court in a redetermination proceeding that denied two tax deductions, found the Fergusons liable for penalties for late filing of a return and substantially understating income, and concluded that it had no jurisdiction to consider whether certain tax debts had been discharged in bankruptcy. We affirm.

I

The Fergusons filed a joint tax return for 2000 in December...

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