- 2 - 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 asksPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011