Legal Opinion

Petaluma FX Partners, LLC v. Comm'r

United States Tax Court

Decided December 15, 2010No. Docket No. 24717-05PublishedCited by 27 opinions

On remand we are instructed by the Court of Appeals for the District of Columbia Circuit to determine whether we have jurisdiction to determine whether a penalty under sec. 6662, I.R.C., is applicable in this partnership-level case. Petaluma FX Partners, LLC v. Commissioner, 591 F.3d 649, 389 U.S. App. D.C. 64 (D.C.

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On remand we are instructed by the Court of Appeals for the District of Columbia Circuit to determine whether we have jurisdiction to determine whether a penalty under sec. 6662, I.R.C., is applicable in this partnership-level case. Petaluma FX Partners, LLC v. Commissioner, 591 F.3d 649, 389 U.S. App. D.C. 64 (D.C. Cir. 2010), affg. in part, revg. in part, and vacating in part 131 T.C. 84 (2008). Held: Applying the instructions set forth in the Court of Appeals' opinion, we do not have jurisdiction over any sec. 6662, I.R.C., penalty determination in this case.

1Opinion of the Court

SUPPLEMENTAL OPINION

Goeke, Judge:

This matter is before the Court on remand from the Court of Appeals for the District of Columbia Circuit for further proceedings consistent with its opinion in Petaluma FX Partners, LLC v. Commissioner, 591 F.3d 649 (D.C. Cir. 2010), affg. in part, revg. in part, and vacating in part 131 T.C. 84 (2008). The issue for decision on remand is whether this Court has jurisdiction over the determination in respondent’s notice of final partnership administrative adjustment (fpaa) issued to petitioner and other partners that all of the underpayments of tax resulting…

2Cases cited5 opinions

  1. Jack Randell v. United StatesCourt of Appeals for the Second Circuit · 1995
  2. Petaluma FX Partners, LLC v. Comm'rUnited States Tax Court · 2008
  3. Petaluma FX Partners, LLC v. Commissioner of Internal Revenue ServiceCourt of Appeals for the D.C. Circuit · 2010
  4. Dial USA, Inc. v. CommissionerUnited States Tax Court · 1990
  5. Ginsburg v. Comm'rUnited States Tax Court · 2006

3Cited by27 opinions

  1. Tigers Eye Trading, LLC v. Comm'rUnited States Tax Court · 2012
  2. 106 Ltd. v. Comm'rUnited States Tax Court · 2011
  3. CNT Investors, LLC v. Comm'rUnited States Tax Court · 2015
  4. Petaluma FX Partners, LLC v. Commissioner of IRSCourt of Appeals for the D.C. Circuit · 2015
  5. Jade Trading, LLC v. United StatesUnited States Court of Federal Claims · 2011

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