Legal Opinion

Klamath Strategic Investment Fund Ex Rel. St. Croix Ventures v. United States

Court of Appeals for the Fifth Circuit

Decided May 22, 2009No. 07-40861PublishedCited by 83 opinions

1Opinion of the Court

EMILIO M. GARZA, Circuit Judge:

In this tax case, Plaintiffs Klamath Strategic Investment Fund (“Klamath”) and Kinabalu Strategic Investment Fund (“Kinabalu”) (collectively, the “Partnerships”) filed suit against defendant the United States of America for readjustment of partnership items. Both parties appeal various aspects of the district court’s readjustment determination. For the following reasons, we affirm in part, vacate in part, and remand.

I

This case involves a highly complex series of financial transactions, which the district court categorized as a tax shelter known as Bond Linked…

2Cases cited23 opinions

  1. Gregory v. HelveringSupreme Court of the United States · 1935
  2. Higgins v. SmithSupreme Court of the United States · 1940
  3. Frank Lyon Co. v. United StatesSupreme Court of the United States · 1978
  4. Rice's Toyota World, Inc. (Formerly Rice Auto Sales, Inc.) v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1985
  5. Coltec Industries, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2006

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3Cited by83 opinions

  1. Stobie Creek Investments LLC v. United StatesCourt of Appeals for the Federal Circuit · 2010
  2. Sexual Minorities Uganda v. LivelyCourt of Appeals for the First Circuit · 2018
  3. Southgate Master Fund, L.L.C. Ex Rel. Montgomery Capital Advisors, LLC v. United StatesCourt of Appeals for the Fifth Circuit · 2011
  4. American Boat Co., LLC v. United StatesCourt of Appeals for the Seventh Circuit · 2009
  5. Bemont Investments, L.L.C. Ex Rel. Tax Matters Partner v. United StatesCourt of Appeals for the Fifth Circuit · 2012

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