Menu
Tax Notes logo

Settlement Reached in Domestic Production Deduction Suit

MAR. 15, 2021

AT&T Advertising LP et al. v. United States

DATED MAR. 15, 2021
DOCUMENT ATTRIBUTES

AT&T Advertising LP et al. v. United States

AT&T ADVERTISING, L.P., YP ADVERTISING & PUBLISHING L.L.C., Tax Matters Partner,
Complainant,
v.
THE UNITED STATES,
Defendant.

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

(Judge David A. Tapp)

STIPULATION CONSENTING TO ENTRY OF JUDGMENT

Complainant and defendant, the United States, hereby inform the Court of a settlement of the above-captioned TEFRA partnership action, pursuant to RCFC, Appendix F, Rule 7(a), i.e., by a stipulation of the Tax Matters Partner consenting to the entry of the proposed judgment set forth below. See RCFC 54(a) and 26 U.S.C. § 6224(c) (pre-2018).1

This case is a partnership action for readjustment of partnership items under Section 6226 (pre-2018) of the Internal Revenue Code. See e.g. RCFC, App. F, Rule 1(a), (b)(2). At issue are five Notices of Final Partnership Administrative Adjustment (FPAA) that the IRS issued for the 2005 through 2009 partnership returns of AT&T Advertising, L.P. A redacted copy of each FPAA is filed on the docket in this partnership action as Exhibit B to the Complaint (doc. #14 at ECF pp. 2-41). The FPAAs adjusted the partnership returns (Form 1065) that AT&T Advertising, LP filed for the tax years ended December 31, 2005, December 31, 2006, December 31, 2007, December 31, 2008, and December 31, 2009. Those partnership returns reported that AT&T Advertising, LP was a domestic limited partnership and designated Southwestern Bell Yellow Pages Resources, Inc. as the Tax Matters Partner for each of those tax years. Complainant YP Advertising & Publishing LLC is the successor in interest to Southwestern Bell Yellow Pages Resources, Inc., and is now the Tax Matters Partner for each of those tax years.

Complainant YP Advertising & Publishing LLC, the Tax Matters Partner of AT&T Advertising, LP, hereby stipulates and agrees on AT&T Advertising, LP's behalf, to the entry of the following proposed judgment.

PROPOSED JUDGMENT

The adjustments set forth in the five Notices of Final Partnership Administrative Adjustment (FPAA) that the IRS issued for the 2005 through 2009 partnership returns of AT&T Advertising, LP (a redacted copy of each FPAA is filed on the docket in this partnership action as Exhibit B to the Complaint (doc. #14 at ECF pp. 2-41)), are resolved pursuant to the agreement between AT&T Advertising, LP, through its Tax Matters Partner Complainant YP Advertising & Publishing LLC, and the United States, as set forth in letters dated August 25, 2020 and March 12, 2021.

CONSENT AND CERTIFICATION

The undersigned Tax Matters Partner of AT&T Advertising, LP, by executing this stipulation, consents to the entry of the proposed judgment set forth above and certifies both that no party objects to the entry of the proposed judgment and that no taxpayer affected by this proposed judgment objects to the entry of it.

AT&T Advertising, LP

By: Dwight N. Mersereau
YP Advertising & Publishing, LLC
Tax Matters Partner

Defendant's counsel has reviewed this Stipulation Consenting to Entry of Judgment and has authorized Complainant's counsel to sign and file it on his and defendant's behalf.

Respectfully submitted,

Dwight N. Mersereau
(Attorney of Record)
Crowell & Moring LLP
1001 Pennsylvania Avenue, N.W.
Washington, DC 20004-2595
(202) 624-2856
(202) 628-5116 (facsimile)
dmersereau@crowell.com

Of Counsel:
Robert L. Willmore
Teresa Abney
Carina C. Federico
Crowell & Moring LLP
1001 Pennsylvania Avenue, N.W.
Washington, DC 20004-2595
(202) 624-2500
(202) 628-5116 (facsimile)
rwillmore@crowell.com
tabney@crowell.com
cfederico@crowell.com

Attorneys for Complainant

Date: March 15, 2021

Bart D. Jeffress
(Attorney of Record)
U.S. Department of Justice — Tax Division
Court of Federal Claims Section
Post Office Box 26, Ben Franklin Station
Washington, DC 20044
(202) 307-6496
(202) 514-9440 (facsimile)
bart.d.jeffress@usdoj.gov

David A. Hubbert
Acting Assistant Attorney General
David I. Pincus
Chief, Court of Federal Claims Section
Karen E. Servidea
Trial Attorney
Katherine Powers
Trial Attorney

s/David I. Pincus
Of Counsel

Attorneys for Defendant

Date: March 15, 2021

FOOTNOTES

1The parties believe that the Court should direct the Clerk of Court to enter a judgment reciting the contents of the proposed judgment set forth below.

END FOOTNOTES

DOCUMENT ATTRIBUTES
Copy RID