BACCEI v. U.S.

No. 08-16965.

632 F.3d 1140 (2011)

Ronald B. BACCEI, Trustee of the Eda O. Pucci 2004 Revocable Trust, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 16, 2011.


Attorney(s) appearing for the Case

Edward W. Suman , San Bruno, CA, for the plaintiff-appellant.

John A. DiCiccio , Acting Assistant Attorney General, Washington, D.C.; Steven W. Parks & Carol Barthel (argued), Department of Justice, Tax Division, Washington, D.C.; Joseph P. Russoniello , United States Attorney, Northern District of California, San Francisco, CA; Jay Robert Weill , Assistant United States Attorney, Northern District of California, San Francisco, CA, for the defendant-appellee.

Before: RICHARD C. TALLMAN and JAY S. BYBEE, Circuit Judges, and TIMOTHY M. BURGESS, District Judge.


OPINION

BURGESS, District Judge:

I

Ronald B. Baccei, Trustee of the Eda O. Pucci 2004 Revocable Trust, initiated this action in the Northern District of California, seeking a refund of a penalty imposed by the Internal Revenue Service for late payment of an estate tax. Baccei appeals the district court's summary judgment order, arguing that the district court erred in: (1) concluding the substantial compliance doctrine was inapplicable to regulations...

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