KLAAS v. C.I.R.

Nos. 09-9012, 09-9013, 09-9014.

624 F.3d 1271 (2010)

Larry D. KLAAS; Lisa G. Klaas, Petitioners-Appellants/Cross-Appellees, and Apex Insurance Company, an Anguilla British West Indies corporation, Petitioner-Appellee, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee/Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

October 26, 2010.


Attorney(s) appearing for the Case

David E. Ross II , Park City, Utah, for Petitioners-Appellants/Cross-Appellees and Petitioner-Appellee.

Deborah K. Snyder , Attorney, Tax Division, Department of Justice, Washington, D.C. ( John A. DiCicco , Acting Assistant Attorney General, and Richard Farber , Attorney, Tax Division, Department of Justice, Washington, D.C, with her on the brief), for Respondent-Appellee/Cross-Appellant.

Before BRISCOE, Chief Judge, McKAY, and HARTZ, Circuit Judges.


McKAY, Circuit Judge.

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 2001.1 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.2 Since the Klaases...

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