D. Robert Autrey, Jr., an Individual, Cross-Appellants v. United States of America, Cross-Appellee

The majority’s analysis of this complex case is seemingly logical, but incomplete. There is no doubt that the investment programs created by Mr. Autrey offered incredible tax benefits to investors based on a small cash outlay. The programs arguably contain several of the classic elements of the very types of abusive tax shelters Congress intended to discourage by assessing civil penalties against promoters under section 6700. The abusive nature of these programs was extensively debated before the jury in a trial that lasted thirteen days. Arguments that the programs lacked economic substance,…