United States Federal Circuit

Dismissal of plaintiff-taxpayers' refund suit by the Court of Federal Claim is affirmed, where: 1) under the Tax Equity and Fiscal Responsibility individual partners may not bring tax challenges relating to subject matter attributable to a partnership item, rather, such claims must be brought in a partnership-level suit by the partnership representative or Tax Matters Partner; and 2) plaintiffs' claim for a refund of taxes and penalties assessed for substantial underpayments of tax attributable to tax motivated transactions of their oil and gas partnership, is an impermissible collateral attack.

Appellate Information

• Decided 05/30/2013
• Published 05/30/2013

Judges

• NEWMAN

Court

• United States Federal Circuit

Counsel