Free Motion to Dismiss - Rule 12(b)(1) - District Court of Federal Claims - federal

Case 1:05-cv-00743-FMA

Document 19-8

Filed 12/07/2007

Page 1 of 3

Defendant's Exhibit 14

B-84

Case 1:05-cv-00743-FMA

Document 19-8

Filed 12/07/2007

Page 2 of 3

Internal Revenue Service

Department of the Treasury
Taxpayer Identification Number.
Kind of Tax:

Income
Tax Period(s) Ended

December 31, 1999
Amount of Claim:

$ 8,789.00
Date Claim Received:

May 30, 2002
Date:JUL 1 0 2003
Person to Contact:

Philip Rochelli

Elwood and Janice LeBlanc

Contact Telephone Number:

c/o Thomas E. Reddig 2914 West T.e. Jester
Houston, Texas 77018

281-721-7508
Employee Identification Number:

76-43-166

Dear Mr. Redding:

We are sorr, but we cannot allow your claim for an adjustment to your ta, for the reasons stated below. This letter is your legal notice that we have fully disallowed your claim.
If you wish to bring suit or proceedings for the recovery of any tax, penalties, or other moneys for which this disallowance notice is issued, you may do so by fiing suit with the United States Distrct Court having jurisdiction, or the United States Claims Court. The law permts you to do this within 2 year from the mailing you signed a Waiver a/Statutory Notifcation a/Claim Disallowance, Form this letter. However, if date of 2297, the period for bringing suit began to ru on the date'ýou fied the waiver.
, We have enclosed Publication 5, Your Appeal Rights and How to Prepare a Protest If Publication 594, The IRS Collection Process, if

You Don't Agree, and

additional ta is due.

(over)

Letter 906 (DO) (Rev. 6-2000)
Cat. No. 149788

B-85

Case 1:05-cv-00743-FMA

Document 19-8

Filed 12/07/2007

Page 3 of 3

If you have any questions, please contact the person whose name and telephone number are shown in the heading of this letter. Thank you for your cooperation.

Sincerely ours,

Dany ackson
Group Mtinager

if! --

Enclosures:
Publication 5

00 Publication 594

Reasons for disallowance:

You have requested a deduction for an ordiar loss equal to your remainng basis in an AMCOR parership. This treatment is based on abandonment or termination of that partership interest. Internal Revenue Code section 165 governs these tyes of losses and states they are limited to losses incurred in a trade or business,
incured in a trsaction entered into for profit or losses arising from fire...or other casualty or theft. The deterination of profit motive is a partership item determined at the parership leveL. The various AMCOR parerships were shams and had no economic substance. Thus, no loss is allowed under IRe section 165. A determination was made that allows for the capital treatment ofthese losses.

..

Letter 906 (DO) (Rev. 6-2000)
Cat. No. 149788

B-86