Monetary II Limited Partnership, J. Thomas Hannan, Tax Matters Partner v. Commissioner of Internal Revenue Service

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• deeming an argument waived where the petitioner did not raise it in the Tax Court and provided no justification for the failure to do so
• absent showing of exceptional circumstances, court will not consider arguments not raised before the Tax Court
• “As a general rule, an appellate court will not consider arguments which were not first raised before the district court, absent a showing of exceptional circumstances”
• “As a general rule, an appellate court will not consider arguments which were not first raised before the district court, absent a showing of exceptional cir- cumstances”
• and cases cited thereat, especially Cambridge Research & Development Group v. Commissioner, supra at 290 (non-TMP who signed as TMP gave valid consent though the issue of the failure to attach a copy of the written authorization was never raised)
• “[Appellant] neither raised this issue below, nor provides any justification for its failure to do so. . . . As no exceptional circumstances affecting failure to raise the issue have been demonstrated, [appellant] is deemed to have waived this claim.”

Source: CourtListener parenthetical corpus (CC0).