McMahan v. Deutsche Bank AG, No. 17-2988 (7th Cir. 2018)Annotate this Case
In 2001, McMahan and his wholly owned corporation participated in a tax shelter called “Son of BOSS” that “is a variation of a slightly older alleged tax shelter,” BOSS, an acronym for ‘bond and options sales strategy.’” BOSS “was aggressively marketed by law and accounting firms in the late 1990s and early 2000s” and involves engaging in a series of transactions to create an “artificial loss [that] may offset actual—and otherwise taxable— gains, thereby sheltering them from Uncle Sam.” The Internal Revenue Service considers the use of this shelter abusive and initiated an audit of McMahan’s 2001 tax return in 2005. In 2010, the IRS notified McMahan it was increasing his taxable income for 2001 by approximately $2 million. In 2012, McMahan filed suit against his accountant, American Express, which prepared his tax return, and Deutsche Bank, which facilitated the transactions necessary to implement the shelter. McMahan claimed these defendants harmed him by convincing him to participate in the shelter. The Seventh Circuit affirmed the rejection of all the claims by dismissal or summary judgment. McMahan’s failure to prosecute prejudiced the accountant and Amex defendants and the Deutsch Bank claim was untimely.