Jaco L.C., Jay A. Odom, Tax Matters Partner - Page 2




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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