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BRINKLEY v. C.I.R.

No. 15-60144.

808 F.3d 657 (2015)

Brian K. BRINKLEY, Petitioner-Appellant v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 16, 2015.

Attorney(s) appearing for the Case

William R. Leighton (argued), Leighton Law Firm, P.L.L.C., Austin, TX, for Petitioner-Appellant.

Randolph Lyons Hutter, Esq. (argued), Richard Bradshaw Farber, Esq. , Supervisory Attorney, Bethany Buck Hauser, Esq. , Kathryn Keneally , U.S. Department of Justice, William J. Wilkins , Internal Revenue Service, Washington, DC, Sheila R. Pattison , Roberta L. Shumway , Austin, TX, for Respondent-Appellee.

Before STEWART, Chief Judge, and BARKSDALE and PRADO, Circuit Judges.

Respondent-Appellee the Commissioner of Internal Revenue issued Petitioner-Appellant Brian Brinkley a notice of deficiency for the 2011 tax year. The Commissioner charged that Brinkley had mischaracterized $1.8 million of the $3.1 million he received as a result of the merger between his company (Zave Networks, Inc...

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