Sealy Power, Ltd. v. Commissioner

How courts have described this case

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

• holding that a FPAA is the functional equivalent of a notice of deficiency because it “serve[s] to afford affected taxpayers that the Commissioner has made a final administrative determination of their liability for particular tax years”
• observing that testing property for potentially defective performance does not preclude property’s having already been placed in service
• stating that the Oglethorpe factors “are only indicative of ‘placed in service’ or ‘operational’ status” and all need not be met to find that a facility had been placed in service
• conducting de novo review of the tax court’s definition of the legal standard for Appellate Case: 21-9005 Document: 010110763506 Date Filed: 11/04/2022 Page: 26 determining when an asset is placed in service
• “Sections 6212(a) and 6213(a) of the Internal Revenue Code provide that the Tax Court only has jurisdiction when the Commissioner issues a valid deficiency notice and the taxpayer files a petition for redetermination”

Source: CourtListener parenthetical corpus (CC0).