CINEMA '84 v. C.I.R.

Docket No. 04-4798-AG.

412 F.3d 366 (2005)

CINEMA '84, Richard M. Greenberg, Tax Matters Partner, Petitioners, Garlon J. Reigler, A non-participating partner, Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 22, 2005.


Attorney(s) appearing for the Case

Sallie W. Gladney (Teresa J. Womack and Thomas E. Redding, on the brief), Redding & Associates, P.C., Houston, TX, for Appellant Garlon J. Reigler.

Robert J. Branman (Eileen J. O'Connor, Assistant Attorney General, and Kenneth L. Greene, on the brief), Tax Division, Department of Justice, Washington, DC, for Respondent-Appellee Commissioner of Internal Revenue.

Before: CARDAMONE and KATZMANN, Circuit Judges, KRAVITZ, District Judge.


KATZMANN, Circuit Judge.

Appellant Garlon J. Reigler appeals from various orders of the Tax Court, including a May 26, 2004 order concluding that the court lacked jurisdiction to vacate a September 1, 2000 order, which dismissed a partnership-level suit and entered a decision in favor of the Internal Revenue Service. On appeal, Reigler claims that the Tax Court failed to appoint a tax matters partner (TMP) to represent the partnership in the litigation prior to entering...

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