Fid. Int'l Currency Advisor a Fund Llc v. U.S.
Decision Date | 18 October 2010 |
Docket Number | Civil No. 06–40244–FDS,Civil No. 05–40151–FDS,Civil No. 06–40130–FDS,Civil No. 06–40243–FDS |
Parties | FIDELITY INTERNATIONAL CURRENCY ADVISOR A FUND, LLC, BY the TAX MATTERS PARTNER, Plaintiff,v.UNITED STATES of America, Defendant.Fidelity High Tech Advisor a Fund, LLC, by the Tax Matters Partner, Plaintiff,v.United States of America, Defendant. |
Court | U.S. District Court — District of Massachusetts |
OPINION TEXT STARTS HERE
David J. Curtin, James D. Bridgeman, Kiara Rankin, Ronald L. Buch, Sheri A. Dillon, William F. Nelson, Bingham McCutchen LLP, Washington, DC, John O. Mirick, David K. McCay, Mirick, O'Connell, Demallie & Lougee, Worcester, MA, for Plaintiffs.Dennis M. Donohue, Barry E. Reiferson, Heather L. Vann, John Lindquist, U.S. Department of Justice, Washington, DC, for Defendants.
AMENDED [CORRECTED] FINDINGS OF FACT AND CONCLUSIONS OF LAW
This is a dispute concerning two complex tax shelter transactions. The plaintiffs in these consolidated actions are Fidelity International Currency Advisor A Fund, LLC and Fidelity High Tech Advisor A Fund, LLC. The tax matters partner, and the principal taxpayer who invested in and benefitted from the tax shelter transactions at issue, was Richard J. Egan.1
Richard Egan was one of the founders of EMC Corporation and the former ambassador to Ireland. He entered into the tax shelter transactions to avoid large tax liabilities on the sale of EMC stock and the exercise of non-qualified stock options. Together with his wife, Maureen, Richard Egan claimed a tax loss of $158.6 million in 2001, a further tax loss of $1.7 million in 2002, and capital losses of $167.1 million in 2002 as a result of their participation in the tax shelter transactions.
The IRS disallowed the tax treatment claimed by the Egans and issued Final Partnership Administrative Adjustments adjusting various partnership items and assessing accuracy-based tax penalties. This litigation followed.
The case was tried before the Court over 44 trial days beginning in late 2008. The Court also received more than 3,700 exhibits, and heard extensive testimony from multiple expert witnesses. For the reasons set forth below, the Court concludes that the partnership item adjustments made by the IRS are correct, and accordingly will enter judgment for the United States. The Court also finds that various accuracy-related penalties are applicable.
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