Legal Opinion
Estate of Carberry v. Commissioner
Court of Appeals for the Second Circuit
Decided May 24, 1991No. 1245, Docket 90-4137PublishedCited by 13 opinions
1Opinion of the Court
JON O. NEWMAN, Circuit Judge:
On this appeal from the July 16, 1990, decision of the Tax Court (Theodore Tan-nenwald, Jr., Judge), the taxpayers, Timothy F. Carberry and his wife Ella J. Carber-ry,1 challenge the disallowance of their deduction for a partnership loss and the application of the penalty interest rate provision to their outstanding taxes. The loss was disallowed upon a finding that a partnership provision for allocation of deductions lacked economic substance. We affirm.
Facts
1. The Tax Filing
The taxpayers filed a joint tax return in 1970 and reported a loss from Timothy…
2Cases cited13 opinions
- Solowiejczyk v. CommissionerUnited States Tax Court · 1985
- James L. Rose and Judy S. Rose v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1989
- James E. Sochin v. Commissioner of Internal Revenue, Dennis S. Brown v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1988
- Estate of Emerson v. CommissionerUnited States Tax Court · 1977
- Pierre Boulez v. Commissioner of Internal RevenueCourt of Appeals for the D.C. Circuit · 1987
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- James B. Thomas, Plaintiff-Appellee/cross-Appellant v. United States of America, Defendant-Appellant/cross-AppelleeCourt of Appeals for the Sixth Circuit · 1999
- Samuel Anderson and Mary Anderson v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1995
- United States v. SampsonCourt of Appeals for the Second Circuit · 2018
- Solomon v. Siemens Industry, Inc.District Court, E.D. New York · 2014
- Carroll v. United StatesDistrict Court, S.D. New York · 2001
8 more not listed; retrieve them via the Exa API.