Legal Opinion
James B. Thomas, Plaintiff-Appellee/cross-Appellant v. United States of America, Defendant-Appellant/cross-Appellee
Court of Appeals for the Sixth Circuit
Decided January 27, 1999No. 97-4478, 98-3033PublishedCited by 42 opinions
1Opinion of the CourtSuhrheinrich, J., joined by Siler, J.,
BOGGS, J. (pp. 834-35), delivered a separate opinion concurring in the result.
SUHRHEINRICH, Circuit Judge.
This case involves the tax consequences of an investment in sham transactions by a taxpayer. We must decide whether the taxpayer is entitled to a refund of deficiencies and penalties paid. We must also determine whether the interest penalty imposed by I.R.C. § 6621(c) (West 1989) (repealed 1989) requires an inquiry into the taxpayer’s investment motive. We answer both questions in the negative. Accordingly, we AFFIRM the district court’s grant of summary judgment upholding the…
2Cases cited39 opinions
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Higgins v. SmithSupreme Court of the United States · 1940
- Cleamtee Garner, Father and Next-Of-Kin of Edward Eugene Garner, a Deceased Minor v. Memphis Police Department City of Memphis, TennesseeCourt of Appeals for the Sixth Circuit · 1993
- Knetsch v. United StatesSupreme Court of the United States · 1960
- Flora v. United StatesSupreme Court of the United States · 1960
34 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Lloyd D. Alkire v. Judge Jane IrvingCourt of Appeals for the Sixth Circuit · 2003
- Duffie v. United StatesCourt of Appeals for the Fifth Circuit · 2010
- Terri L. Hamad v. Woodcrest Condominium AssociationCourt of Appeals for the Sixth Circuit · 2003
- Wendy McMullen v. Meijer, IncorporatedCourt of Appeals for the Sixth Circuit · 2004
- American Electric Power, Inc. v. United StatesDistrict Court, S.D. Ohio · 2001
37 more not listed; retrieve them via the Exa API.