United States Fifth Circuit

In an action for tax readjustment of partnership items, the District Court's readjustment order is affirmed in part, where the evidence supported the District Court's determination that the loan transaction at issue lacked substance, but vacated in part, where the District Court failed to consider which partners managed Plaintiff's affairs.

Appellate Information

• Decided 05/15/2009
• Published 05/15/2009

Judges

• EMILIO M. GARZA, Circuit Judge:, Before GARWOOD, GARZA and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Arthur Thomas Catterall (argued), Richard Bradshaw Farber, Gilbert S. Rothenberg, U.S. Dept. of Justice, Tax Div., App. Section, Washington, DC, for U.S.


• For Appellees:
  
• Kent Jones, Sutherland, Asbill & Brennan, Washington, DC, N. Jerold Cohen, Thomas A. Cullinan (argued), Sutherland, Asbill & Brennan, Atlanta, GA, for Plaintiffs-Appellees-Cross-Appellants.