CHEMTECH ROYALTY ASSOCIATES, L.P. v. U.S.

No. 15-30577.

823 F.3d 282 (2016)

CHEMTECH ROYALTY ASSOCIATES, L.P., as Tax Matters Partner Real Party in Interest Dow Europe, S.A., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. Chemtech Royalty Associates, L.P., by Dow Europe, S.A., as Tax Matters Partner, Plaintiff-Appellant, v. United States of America, Defendant-Appellee. Chemtech II, L.P., Plaintiff-Appellant, v. United States of America, Defendant-Appellee. Chemtech II, L.P., by IFCO, Incorporated, as Tax Matters Partner, Plaintiff-Appellant, v. United States of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 17, 2016.


Attorney(s) appearing for the Case

Christopher Landau , Jason Michael Wilcox , Kirkland & Ellis, L.L.P. John B. Magee , James David Bridgeman , Bingham McCutchen, L.L.P., David Bruce Salmons, Esq. (argued) , Morgan, Lewis & Bockius, L.L.P., Washington, DC, Preston J. Castille, Jr. , Trial Attorney, Harry Joseph Philips, Jr. , Taylor, Porter, Brooks & Phillips, L.L.P., Baton Rouge, LA, for Plaintiff-Appellant.

Clint Aaron Carpenter (argued) , Gilbert Steven Rothenberg, Esq. , Senior Attorney, Francesca Ugolini , U.S. Department of Justice, Washington, DC, John Joseph Gaupp, Esq. , Mary Patricia Jones , James Patrick Thompson , Assistant U.S. Attorneys, U.S. Attorney's Office, Baton Rouge, LA, for Defendant-Appellee.

Before DAVIS, SMITH, and HIGGINSON, Circuit Judges.


In a prior appeal of this tax case, we affirmed the district court's decision to disregard the partnership form of Chemtech Royalty Associates, L.P. ("Chemtech I"), and Chemtech II, L.P. ("Chemtech II"), for tax purposes but vacated and remanded as to the penalty award. On...

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