- 3 - Commissioner, T.C. Memo. 2003-67; Kelley v. Commissioner, T.C. Memo. 1993-495. In Kelley, we concluded that “The formation and operation of the Swanton Coal Programs appear to have as substance little more than a grandiose serving of whimsy”, and that they were “nothing more than an elaborate scam to provide highly leveraged deductions for nonexistent expenses.” We therefore disallowed the partnership losses at issue, and sustained the Commissioner’s imposition of increased interest pursuant to section 6621(c) because the programs were so clearly tax-motivated transactions. Because the programs used tiered partnerships, however, our decision in Kelley did not automatically resolve the tax liability of partners in Jackson or Smith/Asher, and the Commissioner continued to negotiate with the tax matters partners (TMPs) for these partnerships until finally reaching closing agreements with both of them by mid-1999. After Jackson and Smith/Asher concluded their closing agreements, respondent contacted petitioners in November 1999, sending them a notice of examination that proposed changes to their 1983 and 1984 returns. In March 2000, respondent sent out notices of deficiency. Petitioners paid the entire tax portion of their outstanding 1983 and 1984 deficiencies (amounting to $23,977), but did not pay any of the accrued interest (which had grown to more than $100,000). After assessing the deficiencies, respondent sent petitioners aPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011