Alpha I, LP v. United States
Issue: 1) Whether the penalty under 26 U.S.C. § 6662 for an overvaluation misstatement is applicable to any underpayment of tax that may result from adjustments made by the IRS in a notice of Final Partnership Administrative Adjustment (“FPAA”) issued to a partnership, when that partnership concedes the adjustments asserted in the FPAA on a ground that is separate from valuation.
2) Whether a court has jurisdiction in a partnership-level proceeding under the Tax Equity and Fiscal Responsibility Act of 1982 (“TEFRA”) (i.e., 26 U.S.C. §§ 6221—6233) to determine whether a partner’s transfer of his or her partnership interest was a sham, based on the possibility that the trial court might make findings not urged by either party but that would support the court’s jurisdiction.
|Date||Proceedings and Orders|
|Nov 1 2012||Petition for a writ of certiorari filed. (Response due December 3, 2012)|
|Nov 28 2012||Order extending time to file response to petition to and including January 2, 2013.|
|Jan 2 2013||Brief of respondent United States in opposition filed.|
|Jan 14 2013||Reply of petitioners Alpha I, L.P., et al. filed.|
|Jan 16 2013||DISTRIBUTED for Conference of February 15, 2013.|
|Feb 20 2013||DISTRIBUTED for Conference of March 15, 2013.|
|Mar 18 2013||DISTRIBUTED for Conference of March 22, 2013.|
|Dec 3 2013||DISTRIBUTED for Conference of December 6, 2013.|
|Dec 9 2013||Petition DENIED.|