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Schell v. US, No. 09-5010

By FindLaw Staff on December 22, 2009 | Last updated on March 21, 2019

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. 

Read Schell v. US, No. 09-5010

Appellate Information

Appeal from:  United States Court of Federal Claims

Decided December 22, 2009


Before: Lourie, Archer, and Gajarsa,  Circuit Judges

Opinion by Gajarsa, Circuit Judge


For Appellant:   Thomas E. Redding, Redding & Associates, PC

For Appellee:   Bruce R. Ellisen, Tax Division, US Department of Justice

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