MK HILLSIDE PARTNERS v. C.I.R.

No. 14-71504.

826 F.3d 1200 (2016)

MK HILLSIDE PARTNERS; M.A. Katz, a partner other than the Tax Matters Partner, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 23, 2016.


Attorney(s) appearing for the Case

Charles E. Hodges, II (argued) and Antoinette L. Ellison , Kilpatrick Townsend & Stockton LLP, Atlanta, Georgia; Adam H. Charnes , Kilpatrick Townsend & Stockton LLP, Winston-Salem, North Carolina, for Petitioners-Appellants

Joan I. Oppenheimer (argued) and Damon W. Taaffe , Attorneys, Tax Division; Tamara W. Ashford , Acting Assistant Attorney General; United States Department of Justice, Washington, D.C.; for Respondent-Appellee.

Before: RAYMOND C. FISHER, MILAN D. SMITH, JR., and JACQUELINE H. NGUYEN, Circuit Judges.


OPINION

In an action seeking judicial review of the IRS's adjustment of a partnership's tax return, the tax court has jurisdiction, pursuant to 26 U.S.C. § 6226(d)(1),1 to "consider" an assertion by any of the partners that the applicable statute of limitations has expired for...

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