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Tax cases not popular among Justices

October 6, 2009

US Supreme Court The first Monday in October kicked off a new U.S. Supreme Court term.

While everyone is anxiously awaiting the first bench pronouncements from new Justice Sonia Sotomayor, one thing about this Court is already abundantly clear. These justices aren't very interested in hearing tax matters.

The publication Tax Analysts (subscription required) reports that on its opening day, the Court denied certiorari in a number of federal and state
tax-related cases. "Certiorari Denied" basically means that the Court has declined to hear the case and will let the prior ruling stand.

Amid the tax cases refused by the Supreme Court, several with Texas connections naturally caught my eye.


Charitable deduction denied: Sherrel and Leslie Jones wanted the High Court to review a Tenth Circuit decision that denied some of the couple's charitable contribution deductions.


Leslie Jones was an attorney for convicted Oklahoma City bomber Timothy McVeigh. Jones had tried to claim as deductions the case materials donated to the University of Texas. The Tenth Circuit ruled that the Joneses had no basis in the materials, therefore they couldn't deduct them. The Supreme Court has allowed that decision to stand.


Tax protester must pay: In another case, a Lone Star State tax protester who claimed he was "improperly labeled a taxpayer and had his money taken without his consent" by the IRS also was disappointed by the Supreme Court.

The Fifth Circuit had rejected Robert Douglas' contention that only federal government employees had to pay U.S. income taxes. The High Court let the appellate court levy ruling stand.

Oil company avoids royalties: One of the iconic emblems of Texas is oil, and the Supreme Court's decision not to hear a case involving the collection of royalties on oil and gas leases in the Gulf of Mexico could cost the United States $19 billion.


The Fort Worth Star-Telegram reports that the Supreme Court decision means the Fifth Circuit ruling will stand, preventing the Interior
Department from collecting royalties
from Texas-based Anadarko Petroleum Corp.'s offshore leases.


The case
centered on the wording of a 1995 law designed to encourage
production in the Gulf at a time of low energy prices.


Anadarko, headquartered in The Woodlands, north of Houston,
said the royalty waivers applied as long as production stayed under a
certain quantity, reports the newspaper. The Interior Department argued that the waivers lasted only
as long as energy prices stayed below certain levels.


Adult entertainment taxes OK: And while it's not Texas-based, the case of Pooh Bah Enterprises immediately brought to mind the recent "Texas Pole Tax" legal battles.


Pooh Bah lost in its bid to have an Illinois Supreme Court decision overturned on First Amendment grounds.

The U.S. Supreme Court, however, let stand the state court's ruling on the validity of an amusement tax collected at adult entertainment venues.

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TAX-SAVVY WAYS 
TO WRAP UP 2026

It’s over! With October’s extended filing deadline behind us, it is now time to focus on year-end moves to reduce your 2026 tax bill. 

You’ll find ways to do just that on the Tax Tips page (see the More Tax Posts drop-down menu at the top of the blog), as well as the separate tax tip pages for each month, notably October through December. If you’re on the Tax Tips page, you’ll find a monthly list at the end of this column. If you’re on another blog page, you can head straight to the October tips; at the bottom of that tips page you’ll find links to all the other 11 months’ collections of tax advice.

Not to spoil what you’ll find in that tax advice, but it does cover such things as tax deductions for charitable donations, investment moves that could reduce tax due, and ways to max out your tax-favored retirement savings. 

Finally, as the year winds down, things get hectic. There are lots of other things to occupy our time, like the much more fun upcoming holidays. But don’t lose sight of taxes, since timing is key. To be of use, most tax moves must be made by the end of the tax year. That’s Thursday, Dec. 31, which also is the last business day of the year. 

So that you don’t miss that final tax year deadline, also keep an eye on the countdown clock below. It will keep you on top of just how much time is left to make important, tax-saving moves. (Note: I’m in the Central Time Zone, so adjust accordingly for where you live.)

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