Kipnis v. Bayerische Hypo-Und VereinsbankAnnotate this Case
Relying on the reputations of Defendants, Plaintiffs, the owners of one of South Florida’s largest general contractors, initiated a custom adjustable rate debt structure (CARDS) transaction. The IRS later issued notices of deficiency disallowing tax deductions based on the CARDS transaction on Plaintiffs’ federal tax returns on the ground that the CARDS transaction lacked economic substance. The tax court upheld the notice of deficiency. Thereafter, Plaintiffs filed a diversity action against Defendants in a federal district court alleging several tax law claims. The district court dismissed the complaint, concluding that the statute of limitations on Plaintiffs’ claims had run. Plaintiffs appealed. The United States Court of Appeals for the Eleventh Circuit certified a question of state law to the Supreme Court regarding whether Plaintiffs’ claims accrued at the time the IRS issued the notice of deficiency or when Plaintiffs’ underlying dispute with the IRS was concluded or final. The Supreme Court held that Taxpayers’ claims accrued at the time their action in the tax court became final, and that action became final ninety days after the tax court’s judgment, at the expiration of the time period for an appeal of that judgment.