Greenwald v. Comm'r
United States Tax Court
Ps owned interests in bona fide partnerships that were subject to the tax audit and litigation procedures of I.R.C. secs. 6221-6234. The partnerships liquidated, and the partnership items for the year of liquidation were determined in partnership-level proceedings. Following those proceedings, R issued notices of deficiency determining the partners' gain on liquidation of the partnerships.
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Ps owned interests in bona fide partnerships that were subject to the tax audit and litigation procedures of I.R.C. secs. 6221-6234. The partnerships liquidated, and the partnership items for the year of liquidation were determined in partnership-level proceedings. Following those proceedings, R issued notices of deficiency determining the partners' gain on liquidation of the partnerships. Ps filed petitions in response to those notices of deficiency and later moved to dismiss for lack of jurisdiction, arguing that outside basis is a partnership item that should have been determined at the…
1Opinion of the Court
OPINION
Buch, Judge:
These cases involve affected items deficiency proceedings that follow from previous partnership-level proceedings in this Court.2 Petitioners filed a motion to dismiss for lack of subject matter jurisdiction, and their argument is that outside basis is a partnership item that had to be raised and determined in the prior partnership-level proceedings. Respondent argues that this Court has jurisdiction because outside basis is an affected item that requires partner-level determinations. Both parties, however, miss the mark. In these partner-level affected items proceedings,…
2Cases cited7 opinions
- United States v. WoodsSupreme Court of the United States · 2013
- Desmet v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 2009
- Domulewicz v. Comm'rUnited States Tax Court · 2007
- New Millennium Trading, L.L.C. v. Comm'rUnited States Tax Court · 2008
- Tigers Eye Trading, LLC v. Comm'rUnited States Tax Court · 2012
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Highpoint Tower Technology Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Eleventh Circuit · 2019
- Greenwald v. Comm'rUnited States Tax Court · 2014
- Greenwald v. Comm'rUnited States Tax Court · 2014
- Israel Greenwald & Ruth Greenwald v. CommissionerUnited States Tax Court · 2014
- Levin v. United StatesDistrict Court, D. Maryland · 2017
3 more not listed; retrieve them via the Exa API.