Commissioner v. JT USA, LP

OPINION

IKUTA, Circuit Judge:

This is an appeal from a tax court’s interlocutory order in a partnership tax proceeding. We dismiss the appeal because we lack appellate jurisdiction under either the practical finality doctrine or the collateral order doctrine.

I

John Ross Gregory and his wife Rita founded JT USA, LP, a limited partnership, in the 1970s. In 2000, the Gregorys accepted an offer to sell the company that would result in a $82 million capital gain. According to the IRS, the Gregorys decided to engage in a so-called Son-of-BOSS transaction 1 to avoid the capital gains that they would…