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Bocilla Island Seaport, Inc., fka Highpoint Tower Technology, Inc. v. Commissioner of Internal Revenue
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 18-10394 · judgment July 24, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
This Tax Court partner-level penalty jurisdiction case raises these four interrelated issues:
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Should “each partner’s outside basis [in his partnership interest]... be adjusted at the partner level before the [basis-specific] penalty can be imposed” under the implicated statutes Justice Scalia reconciled in United States v. Woods, 571 U.S. 31, 42 (2013)?
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Should a partner’s cost basis in Euros (which the partnership proceeding deemed that the partner acquired directly) “be adjusted at the partner level before the [basis] penalty can be imposed”?
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Does the “plain meaning” of the implicated statutes reverse that sequence (imposition of basis penalty before determination of basis) and require separate additional proceedings, despite the reading of those statutes in Woods, the acknowledged algebraic absurdity, and the overarching legislative purpose of eliminating duplicative proceedings?
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Where, as here, a separate partner-level Tax Court deficiency proceeding is required to address the impact of partner-level facts on the partner’s basis in the Euros reported solely on the partner’s return, does that jurisdiction permit the partner-level reasonable cause facts that preclude the IRS imposing the partnerlevel, basis-specific penalty?
Counsel of record
For petitioner
David Decoursey Aughtry
Chamberlain, Hrdlicka, et al.
For respondent
Noel John Francisco
Jones Day
Case
Conference history
Distributed for 1 conference
Proceedings
- Dec 09 2019Petition DENIED.
- Nov 13 2019DISTRIBUTED for Conference of 12/6/2019.
- Nov 04 2019Waiver of right of respondent Commissioner of the Internal Revenue Service to respond filed.
- Oct 22 2019Petition for a writ of certiorari filed. (Response due November 25, 2019)