Frank W. Smith Janice M. Smith v. United States

Plaintiffs-Appellants Frank and Janice Smith appeal the district court’s order granting the Defendant-Appellee United States’s motion for summary judgment and denying their motion for summary judgment. We affirm in part, reverse in part, and remand.

I. FACTUAL AND PROCEDURAL HISTORY

A. Facts

This case centers on whether Frank and Janice Smith (“the Smiths”) are subject to penalties and interest due to their under payment of income taxes for tax years 1983 and 1984. The parties agree on the following facts.

The Smiths were limited partners in Barrister Equipment Associates Series 166 (“Barrister…