Legal Opinion

Harbor Cove Marina Ptnrs. P'ship v. Comm'r

United States Tax Court

Decided July 15, 2004No. 13267-02PublishedCited by 15 opinions

H is a general partnership, its managing partner is S, and its other two partners are M and P. H's business activity is primarily the operation of a marina in San Diego, California.

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H is a general partnership, its managing partner is S, and its other two partners are M and P. H's business activity is primarily the operation of a marina in San Diego, California. On account of dissension that consistently occurred between S and P as to H's operation of the marina, S, in its capacity as H's managing partner, dissolved H, distributed the marina to S or to an S affiliate, distributed to P a check in the amount of the value of P's interest in H as ascertained using a $ 16.5 million appraised value for the marina, and reported to R that H had terminated. S's actions, all of…

1Opinion of the Court

OPINION

Laro, Judge:

This case is a partnership proceeding subject to the unified audit and litigation procedures of the Tax Equity & Fiscal Responsibility Act of 1982 (tefra), Pub. L. 97-248, 96 Stat. 324, 628. It is currently before the Court for decision without trial. See Rule 122; see also sec. 6226(b).1 When the tax matters partner of Harbor Cove Marina Partners (hcmp) did not petition this Court under section 6226(a) within the 90-day period stated therein, Robert A. Collins (Collins), a notice partner of HCMP, petitioned the Court under section 6226(b) to readjust partnership items…

2Cases cited19 opinions

  1. Grosso v. United StatesSupreme Court of the United States · 1968
  2. Maxwell v. CommissionerUnited States Tax Court · 1986
  3. Foxman v. CommissionerUnited States Tax Court · 1964
  4. Abel Kaplan and Mary Lou Kaplan v. United StatesCourt of Appeals for the Seventh Circuit · 1998
  5. Neubecker v. CommissionerUnited States Tax Court · 1975

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3Cited by15 opinions

  1. Russian Recovery Fund Ltd. v. United StatesUnited States Court of Federal Claims · 2008
  2. Palahnuk v. Comm'rUnited States Tax Court · 2006
  3. Prestop Holdings, LLC v. United StatesUnited States Court of Federal Claims · 2010
  4. Rovakat, LLC v. Comm'rUnited States Tax Court · 2011
  5. Wise Guys Holdings, LLC v. Comm'rUnited States Tax Court · 2013

10 more not listed; retrieve them via the Exa API.

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