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Supreme Court: Shareholder Can Invoke Return of Capital Defense in Criminal Tax Prosecution Without Supporting Documentary Evidence

The Supreme Court today unanimously reversed the Ninth Circuit and held that a taxpayer charged with criminal tax evasion can argue that the money he took from his closely-held corporation was a nontaxable return of capital without producing evidence that either he or the corporation intended a return of capital at the time of the distribution.  Boulware v. United States, 06-1509 (3/3/08) (Souter, J.), rev’g 470 F.3d 931 (9th Cir. 2006).

Update:


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3 responses to “Supreme Court: Shareholder Can Invoke Return of Capital Defense in Criminal Tax Prosecution Without Supporting Documentary Evidence”

  1. Roth & Company, P.C. Avatar

    NOT MUCH FOR TAX PLANNERS TO WORK WITH FROM THIS SUPREME COURT CASE

    The U.S. Supreme Court yesterday issued a tax decision. It is always notable when the Supreme Court issues a tax…

  2. Roth & Company, P.C. Avatar

    NOT MUCH FOR TAX PLANNERS TO WORK WITH FROM THIS SUPREME COURT CASE

    The U.S. Supreme Court yesterday issued a tax decision. It is always notable when the Supreme Court issues a tax…

  3. Roth & Company, P.C. Avatar

    NOT MUCH FOR TAX PLANNERS TO WORK WITH FROM THIS SUPREME COURT CASE

    The U.S. Supreme Court yesterday issued a tax decision. It is always notable when the Supreme Court issues a tax…

  4. Roth & Company, P.C. Avatar

    NOT MUCH FOR TAX PLANNERS TO WORK WITH FROM THIS SUPREME COURT CASE

    The U.S. Supreme Court yesterday issued a tax decision. It is always notable when the Supreme Court issues a tax…

  5. Roth & Company, P.C. Avatar

    NOT MUCH FOR TAX PLANNERS TO WORK WITH FROM THIS SUPREME COURT CASE

    The U.S. Supreme Court yesterday issued a tax decision. It is always notable when the Supreme Court issues a tax…

  6. Roth & Company, P.C. Avatar

    NOT MUCH FOR TAX PLANNERS TO WORK WITH FROM THIS SUPREME COURT CASE

    The U.S. Supreme Court yesterday issued a tax decision. It is always notable when the Supreme Court issues a tax…

  7. Roth & Company, P.C. Avatar

    NOT MUCH FOR TAX PLANNERS TO WORK WITH FROM THIS SUPREME COURT CASE

    The U.S. Supreme Court yesterday issued a tax decision. It is always notable when the Supreme Court issues a tax…