ESTATE OF DUNCAN v. C.I.R.

No. 17-60145.

890 F.3d 192 (2018)

ESTATE OF Robert C. DUNCAN, Deceased, Dan Duncan and Jan Duncan, Co-Executors; Jannette Duncan, Petitioners-Appellants v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

May 9, 2018.


Attorney(s) appearing for the Case

Melissa Lynne Ellis, Esq. , San Antonio, TX, Anthony P. Daddino, Esq. , Brian J. Spiegel , Meadows, Collier, Reed, Cousins, Crouch & Ungerman, L.L.P., Dallas, TX, for Petitioners-Appellants.

Gilbert Steven Rothenberg, Esq. , Senior Attorney, Sherra Tinyi Wong , Arthur Thomas Catterall , Kathryn Keneally , Regina Sherry Moriarty , U.S. Department of Justice Tax Division, Appellate Section, Washington, DC, Robert R. Di Trolio , U.S. Tax Court, Washington, DC, William J. Wilkins , Internal Revenue Service, Washington, DC, for Respondent-Appellee.

Before REAVLEY, SMITH, and OWEN, Circuit Judges.


Jannette Duncan and the estate of her late husband Robert C. Duncan (the Duncans) entered a series of settlement agreements with the IRS after audits revealed that the couple had used an abusive tax shelter and improperly taken bad-debt loss deductions. Under these agreements...

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