When a Tax Shelter Goes South

A taxpayer buys a tax shelter program from professionals in the business of selling tax shelters. The IRS disallows the tax benefits that had been promised the tax shelter buyer.  The tax shelter buyer sues the tax shelter seller for the value of the lost tax benefits, saying, in effect, “You guys were the experts, not me. I want damages for the loss of what I was promised.” Finderne Management Co. v. Barrett, a recent New Jersey case, denied recovery of the tax benefits. The court stated it would not enforce a tax shelter plan found to violate the tax laws by allowing a lost profits damages recovery against the tax shelter seller.  Robert L. Dunn discusses this case in detail in Recovery of Damages for Lost Profits.