Boca Invst Prtnshp, et al v. USA, No. 01-5429 (D.C. Cir. 2003)

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This opinion or order relates to an opinion or order originally issued on January 10, 2003.

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United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT No. 01 5429 September Term, 2002 Filed On: March 26, 2003 BOCA INVESTERINGS PARTNERSHIP, ET AL., APPELLEES v. UNITED STATES OF AMERICA, APPELLANT Before: SENTELLE, HENDERSON and TATEL, Circuit Judges. ORDER On consideration of appellees unopposed motion to modify the opinion in this case, it is ORDERED that the opinion in the above-captioned case filed on January 10, 2003, be, and it hereby is, amended as follows: Page 2, line 30, add the following sentence: This case is remanded to the district court for proceedings consistent with this opinion. Page 12, line 5, last sentence now reads: Because the district court did not find that a legitimate, non-tax necessity existed for the formation of the Boca partnership, and because the evidence of record would not have supported such a finding if made, we reverse and remand 2 this case to the district court for proceedings consistent with this opinion. Per Curiam For the Court: Mark J. Langer, Clerk By: Michael C. McGrail Deputy Clerk

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