United States Federal Circuit

Court of federal claims' dismissal of plaintiffs-taxpayers' complaint that the IRS unlawfully denied their claim for a tax refund, involving an issuance of a Notice of Final Partnership Administrative Adjustment to each of plaintiffs' partnership, is affirmed as: 1) a 1997 settlement agreement did not change the FPAA's findings that the activities of the partnerships were sham transactions, the sham-transaction issue was not converted into a non-partnership item, and taxpayers' refund claims necessarily involve resolution of "partnership items"; and 2) thus, taxpayers lacked standing to seek adjudication, and the trial court correctly determined that it lacked jurisdiction over their refund claims.

Appellate Information

• Decided 12/22/2009
• Published 12/22/2009

Judges

Court

• United States Federal Circuit

Counsel