Estate of Andrew J. McKelvey v. Commissioner, No. 17-2554 (2d Cir. 2018)Annotate this Case
The Second Circuit reversed the tax court's decision rejecting the Commissioner's claim that the Estate of Andrew J. McKelvey owed $41 million in taxes with respect to McKelvey's 2008 income tax return for omitting what the Commissioner alleged were short‐ and long‐term capital gains arising from the execution of new contracts extending the valuation dates of two variable prepaid forward contracts. The court remanded for determination of whether the termination of obligations that occurred when the new contracts were executed resulted in taxable short‐term capital gains, and calculation of the amount of long‐term capital gains that resulted from the constructive sales of the collaterized shares.