of opinion and from which an immediate appeal may materially advance the ultimate termination of the litigation, the court certifies the issues to the United States Court of Appeals for the Federal Circuit for its consideration whether to permit an appeal to be taken from such order, should a timely application be made to that court. 2. This case is stayed pending further order of the court. Plaintiffs shall file a Status Report within ten days of any action on their application by the Federal Circuit. * The Tax Court's Bakersfield decision also, without mentioning its precedents, split from its own prior holdings that limited the rationale in Colony to the sale of goods or services by a trade or business. See, e.g., Insulglass Corp. v. Comm’r, 84 T.C. 203, 1985 WL 15309 (1985) (<HOLDING>); Schneider v. Comm 'r, 49 T.C.M. (CCH) 1032
recognizing that recklessness or even gross negligence is insufficient to support punitive damages holding gross receipts provision provides exception for trade or business to general meaning of gross income provided in section 61a so reporting of gross proceeds alone from sales of commodities would not prevent application of irc  6501e1a holding that an overstatement of basis can constitute an omission from gross income within the meaning of irc  6501e1a holding the state can tax gross receipts of tribal enterprise operated off the reservation holding that punitive damages are excludable from gross income under 26 usc  104a2