Legal Opinion

106 Ltd. v. Comm'r

United States Tax Court

Decided January 10, 2011No. Docket No. 14586-05Published

Partnership P entered into a Son-of-BOSS transaction. This generated more than $1 million in artificial losses which P's partners claimed on their 2001 returns. R adjusted various partnership items and determined a penalty under sec. 6662(h), I.R.C., for a gross-valuation misstatement of P's inside basis in an asset distributed by P. P now contests only that penalty, alleging it has a reasonable-cause-and-good-faith defense.

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Partnership P entered into a Son-of-BOSS transaction. This generated more than $1 million in artificial losses which P's partners claimed on their 2001 returns. R adjusted various partnership items and determined a penalty under sec. 6662(h), I.R.C., for a gross-valuation misstatement of P's inside basis in an asset distributed by P. P now contests only that penalty, alleging it has a reasonable-cause-and-good-faith defense. Held: The Court has jurisdiction over the penalty in this partnership-level proceeding after Petaluma FX Partners v. Commissioner, 135 T.C. 29 (2010), because the penalty…

1Opinion of the Court

106 LTD., DAVID PALMLUND, TAX MATTERS PARTNER, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

106 Ltd. v. Comm'r

Docket No. 14586-05

United States Tax Court

136 T.C. 67; 2011 U.S. Tax Ct. LEXIS 3; 136 T.C. No. 3;

January 10, 2011, Filed

Decision will be entered for respondent.

Partnership P entered into a Son-of-BOSS

transaction. This generated more than $1 million in artificial losses which P's partners claimed on their 2001 returns. R adjusted various partnership items and determined a penalty under sec. 6662(h), I.R.C., for a gross-valuation misstatement of P's inside basis in an asset…

2Cases cited26 opinions

  1. United States v. BoyleSupreme Court of the United States · 1985
  2. Neonatology Assocs., P.A. v. Comm'rUnited States Tax Court · 2000
  3. Leo Goldman and Pauline Goldman v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1994
  4. Kligfeld Holdings v. Comm'rUnited States Tax Court · 2007
  5. Frank C. Pasternak Judith Pasternak (92-1681/1682) Anthony J. Cutaia Diane Cutaia David G. Koehlinger (92-1681) v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1993

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