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Florida law, which is treated as a partnership for Federal tax
purposes.
Jay A. Odom, the partnership’s tax matters partner, filed a
timely petition for readjustment with the Court. The petition,
inter alia, contests the disallowance of a casualty loss
deduction in the amount of $1,803,603, claims a greater casualty
loss with a resulting overpayment, and prays that the Court
redetermine that the shareholders of the partnership are entitled
to refunds of the overpayment.
Respondent filed a motion to dismiss for lack of
jurisdiction and to strike. Respondent contends that the Court
lacks jurisdiction to determine that refunds of any overpayments
are due to shareholders of the partnership. Respondent agrees
that the Court may determine the casualty loss is greater than
deducted on the partnership return and has jurisdiction over all
partnership items. Respondent further states that a tax matters
partner may bring a refund action with respect to partnership
items only after an administrative adjustment is filed under
section 6227 and not allowed by the Secretary. Sec. 6228(a).
(Unless otherwise indicated, section references are to the
Internal Revenue Code in effect for the year in issue.)
Respondent’s position is that actions by partners for refunds
attributable to partnership items are barred except as provided
in sections 6228(b) or 6230(c). Sec. 7422(h). Respondent asks
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Last modified: May 25, 2011