Highland Capital Management, L.P. v. United States

MEMORANDUM DECISION AND ORDER ENFORCING SUMMONS

McMAHON, District Judge:

Petitioner Highland Capital Management, L.P. (“Highland” or “the taxpayer”), a Texas-based hedge fund, brings this proceeding to quash a third party summons served on Barclays Bank PLC (“Bar-clays”) by the Internal Revenue Service (“IRS”) in connection with an audit of Highland’s 2008 tax return. The IRS cross-moves to enforce the subpoena.

The IRS more than meets its minimal burden of demonstrating, prima fade, that it issued the summons in good faith, and the taxpayer has failed to allege facts that plausibly raise an…