Bush, et al. v. United States; Shelton v. United States
This tax case concerned the procedures to be followed when the IRS conducted a partnership proceeding under the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), I.R.C. 6221-6233. Plaintiffs, individual taxpayers and limited partners in partnerships that were the subject of such proceedings, filed suit on grounds that the lack of deficiency notices rendered the IRS's assessments invalid. At issue was whether the IRS was required to issue notices of deficiency before assessing additional tax payments from plaintiffs. The court held that the assessments in this case amounted to computational adjustments and therefore, no deficiency notices were necessary. The court noted that the three remaining questions the court put to the parties as part of en banc rehearing each presumed that a deficiency notice was required. Because the court's holding here definitively contradicted that presumption, the court need not analyze those questions. Accordingly, the court affirmed the judgement of the Court of Federal Claims.