Business Related Issues
Burden of Proof

Sellers v. Commissioner (T.C. Memo. 2020-84)

On June 15, 2020, the Tax Court issued a Memorandum Opinion in the case of Sellers v. Commissioner (T.C. Memo. 2020-84). The primary issue before the court in Sellers v. Commissioner was whether the petitioner provided sufficient evidence to substantiate his bases in certain companies and his material participation (for passive activity loss purposes). This case also presents a very interesting question of whether the burden of proof really shifts to the IRS to prove

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Scott St. Amand June 15, 2020
Business Related Issues
Computational Adjustment

Gluck v. Commissioner
T.C. Memo. 2020-66

On May 26, 2020, the Tax Court issued a Memorandum Opinion in the case of Gluck v. Commissioner (T.C. Memo. 2020-65). The issues before the court in Gluck v. Commissioner were (1) whether the Tax Court had jurisdiction to redetermine a deficiency based upon an adjustment disallowing like-kind exchange treatment, which was a “computational adjustment” within the meaning of IRC § 6231(a)(6); and (2) whether the Tax Court nevertheless had jurisdiction to redetermine the penalty

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Scott St. Amand May 26, 2020
Business Related Issues
Origin of the Claim Test

NCA Argyle LP v. Commissioner
T.C. Memo. 2020-56

On May 13, 2020, the Tax Court issued a Memorandum Opinion in the case of NCA Argyle LP v. Commissioner (T.C. Memo. 2020-56). The basic issue before the court in NCA Argyle LP v. Commissioner was whether proceeds received from the settlement of a lawsuit involving punitive damages which proceeds were received in exchange for the plaintiff/taxpayer’s interests in joint ventures (a capital asset) were properly treated as gain on the sale of a capital

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Scott St. Amand May 13, 2020
Business Related Issues
Partnerships

Bridges v. Commissioner
T.C. Memo. 2020-51

On April 27, 2020, the Tax Court issued a Memorandum Opinion in the case of Bridges v. Commissioner (T.C. Memo. 2020-51). The issue before the court in Bridges v. Commissioner was whether the IRS appropriately relied on IRC § 6231(g)(2) in determining that TEFRA procedures did not apply to the petitioner’s LLC. TEFRA’s Application to Partnerships Appearing “Small” IRC § 6231(a)(1)(A) generally applies the TEFRA provisions to any entity that is required to file a

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Scott St. Amand April 27, 2020
Business Related Issues
Adjustments

Manroe v. Commissioner
T.C. Memo. 2020-16

On January 22, 2020, the Tax Court issued a Memorandum Opinion in the case of Manroe v. Commissioner (T.C. Memo. 2020-16). The issue presented in Manroe v. Commissioner was whether the Tax Court had jurisdiction over the partners to redetermine the penalties at issue in a partner-level proceeding. Background to Manroe v. Commissioner The case stems from a tax shelter transaction, in which the petitioners ultimately conceded that the partnership at issue was a sham,

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Scott St. Amand January 22, 2020
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Sellers v. Commissioner (T.C. Memo. 2020-84)

On June 15, 2020, the Tax Court issued a Memorandum Opinion in the case of Sellers v. Commissioner (T.C. Memo. 2020-84). The primary issue before the court in Sellers v. Commissioner was whether the petitioner provided sufficient evidence to substantiate his bases in certain companies and his material participation (for

Read More »
Scott St. Amand June 15, 2020

Gluck v. Commissioner
T.C. Memo. 2020-66

On May 26, 2020, the Tax Court issued a Memorandum Opinion in the case of Gluck v. Commissioner (T.C. Memo. 2020-65). The issues before the court in Gluck v. Commissioner were (1) whether the Tax Court had jurisdiction to redetermine a deficiency based upon an adjustment disallowing like-kind exchange treatment,

Read More »
Scott St. Amand May 26, 2020

NCA Argyle LP v. Commissioner
T.C. Memo. 2020-56

On May 13, 2020, the Tax Court issued a Memorandum Opinion in the case of NCA Argyle LP v. Commissioner (T.C. Memo. 2020-56). The basic issue before the court in NCA Argyle LP v. Commissioner was whether proceeds received from the settlement of a lawsuit involving punitive damages which proceeds

Read More »
Scott St. Amand May 13, 2020

Bridges v. Commissioner
T.C. Memo. 2020-51

On April 27, 2020, the Tax Court issued a Memorandum Opinion in the case of Bridges v. Commissioner (T.C. Memo. 2020-51). The issue before the court in Bridges v. Commissioner was whether the IRS appropriately relied on IRC § 6231(g)(2) in determining that TEFRA procedures did not apply to the

Read More »
Scott St. Amand April 27, 2020

Manroe v. Commissioner
T.C. Memo. 2020-16

On January 22, 2020, the Tax Court issued a Memorandum Opinion in the case of Manroe v. Commissioner (T.C. Memo. 2020-16). The issue presented in Manroe v. Commissioner was whether the Tax Court had jurisdiction over the partners to redetermine the penalties at issue in a partner-level proceeding. Background to

Read More »
Scott St. Amand January 22, 2020