Shea Homes, Inc. & Subsidiaries v. Commissioner

Concurrence by Judge RAWLINSON

OPINION

FERNANDEZ, Circuit Judge:

The Commissioner of Internal Revenue (“Commissioner”) appeals the decisions of the United States Tax Court in these consolidated cases that Shea Homes, Inc. and Subsidiaries (“SHI”) did not have any deficiencies for the tax years under consideration and that Shea Homes, LP (“SHLP”) and Vistancia, LLC (“Vistancia”) had no adjustments to partnership items for their tax years which were under consideration.1 Hereafter, SHI, SHLP and Vistancia are collectively referred to as “the Taxpayers.” 2 The decisions flowed from the Tax Court’s…