Legal Opinion

Superior Trading, LLC v. Comm'r

United States Tax Court

Decided September 1, 2011No. Docket Nos. 20171-07, 20230-07, 20232-07, 20243-07, 20337-07, 20338-07, 20652-07, 20653-07, 20654-07, 20655-07, 20867-07, 20870-07, 20871-07, 20936-07, 19543-08PublishedCited by 14 opinions

R denied losses claimed by Ps, tax matters or other participating partners on behalf of purported partnerships, relating to distressed consumer receivables acquired from a Brazilian retailer in bankruptcy reorganization. R adjusted partnership items, attributing a zero basis to the receivables in lieu of the claimed carryover basis in the full face amount of the receivables.

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R denied losses claimed by Ps, tax matters or other participating partners on behalf of purported partnerships, relating to distressed consumer receivables acquired from a Brazilian retailer in bankruptcy reorganization. R adjusted partnership items, attributing a zero basis to the receivables in lieu of the claimed carryover basis in the full face amount of the receivables. R determined accuracy-related penalties under sec. 6662(h), I.R.C., for gross valuation misstatements of inside bases. Held: Ps failed to establish that the distressed consumer receivables had any tax basis upon transfer…

1Opinion of the Court

Wherry, Judge:

Each of these consolidated cases constitutes a partnership-level proceeding under the unified audit and litigation provisions of the Tax Equity and Fiscal Responsibility Act of 1982, Pub. L. 97-248, sec. 402(a), 96 Stat. 648, commonly referred to as tefra. The issues for decision are: (1) Whether a bona fide partnership was formed for Federal tax purposes between a Brazilian retailer and a British Virgin Islands company for purposes of servicing and collecting distressed consumer receivables owed to the retailer; (2) whether this Brazilian retailer made a valid contribution of…

2Cases cited33 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. Gregory v. HelveringSupreme Court of the United States · 1935
  3. Commissioner v. Estate of BoschSupreme Court of the United States · 1967
  4. Commissioner v. Court Holding Co.Supreme Court of the United States · 1945
  5. Commissioner v. CulbertsonSupreme Court of the United States · 1949

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

3Cited by14 opinions

  1. Superior Trading, LLC v. CommissionerCourt of Appeals for the Seventh Circuit · 2013
  2. Rogers v. Comm'rUnited States Tax Court · 2014
  3. John E. Rogers & Frances L. Rogers v. CommissionerUnited States Tax Court · 2018
  4. Russian Recovery Fund Limited v. United StatesUnited States Court of Federal Claims · 2015
  5. Sugarloaf Fund LLC v. Comm'rUnited States Tax Court · 2013

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