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Del. firm files identical complaint over tax issue
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Posted on Nov 06 2008
A Delaware limited liability company, through its CNMI managing member and tax matters partner Sunset Holdings LLC, filed Wednesday in federal court a complaint that is virtually identical to the one it previously filed against the U.S. government for allegedly making erroneous tax adjustments and assessing penalties.
Attorney Gregory J. Koebel, counsel for Claston LLC and Sunset Holdings, stated that he filed the duplicate complaint as a precautionary matter during the time period in which any partner may file a lawsuit.
Koebel said the U.S. has not yet answered the original complaint and that the Department of Justice indicated it did not have the file so it was unable to answer, requiring a 60-day extension.
The identical complaints asked the U.S. District Court for the NMI to issue a judgment declaring that Claston, through Sunset Holdings, properly reported its 2002 transactions.
Koebel asked the court to determine that the adjustments, including penalties, made by U.S.A., are without basis and therefore incorrect. Koebel asked the court to rule that there is no additional tax owed by the company or any of its partners.
The complaints stated that U.S.A., through its Florida Office of the Internal Revenue Service, mailed to Hatteras Capital Management LLC, the former tax matters partner of Claston, a notice of Final Partnership Administrative Adjustments dated June 17, 2008.
FPAA alleged various erroneous partnership administrative adjustments for Claston’s taxable year ending Dec. 31, 2002.
