Supreme Court rules for Salisbury business in tax shelter case

Published 12:00 am Wednesday, April 25, 2012

WASHINGTON (AP) — In a case involving a Salisbury business, the Supreme Court has ruled that the Internal Revenue Service has only three years to impose additional taxes in a tax shelter case, instead of the six years the government wanted.
The high court on Wednesday ruled for Home Concrete & Supply of Salisbury in a fight over a tax shelter scheme.
The argument centered in part on “cost basis,” or the amount paid for an investment, which is the starting point for calculating the capital gain after selling the investment. The question is whether a large overstatement that then lowers taxes is grounds for extending the three-year limit to six years.
The court, in an opinion written by Justice Stephen Breyer, said taxpayer overstatements do not give the government extra time to audit and levy penalties.