Bakersfield Energy Partners LP et al. v. Commissioner, 2009 U.S. App. LEXIS 12932 (9th Cir., June 17, 2009)

Judgment in favor of taxpayers was affirmed because although the U.S. Supreme Court in Colony, Inc. v. Comm'r, interpreted a 1939 version of the tax code, it's holding was still controlling because Congress did not change the language in the body of 26 U.S.C.S. § 6501(e)(1)(A), which was identical to the language in former 26 U.S.C.S. § 275(c).
 
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