Tax Court Reversed Over Whether Company Return Was Filed

The U.S. Tax Court wrongly held that a California company’s tax return wasn’t filed when an IRS official requested and received it, an appeals court ruled Wednesday.

The appeal from Seaview Trading LLC, which is a partnership for federal tax purposes, divided the three-judge panel that heard the case at the U.S. Court of Appeals for the Ninth Circuit. Two of the three judges agreed that the IRS missed the three-year deadline under tax code Section 6229(a) to assess taxes against a partnership.

“Based on the ordinary meaning of ‘filing,’ we hold that a delinquent partnership ...