What makes the Justice Department's position unimaginable is that its brief concedes that the Second Circuit's ruling got the law wrong (although the brief maintains that it fortuitously got the result right) and that it is in conflict with other circuit courts that have ruled on the issue.

CENTERFORSECURITYPOLICY: Sovereign Immunity or cover-up?

Congress' Government Accountability Office estimates that in 2001, 38% of taxpayers with securities gains and losses got the amount wrong.

FORBES: Magazine Article