Gary Woods v. United States

Case: 11-50487 Document: 00512495274 Page: 1 Date Filed: 01/09/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
January 9, 2014
No. 11-50487
Lyle W. Cayce
Clerk
GARY WOODS, as Tax Matters Partner of Tesoro Drive Partners, a Texas
General Partnership,
Plaintiff-Appellee
v.
UNITED STATES,
Defendant-Appellant
Appeals from the United States District Court
for the Western District of Texas
USDC No. 5:05-CV-216
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
Before JONES, WIENER, and GRAVES, Circuit Judges.
PER CURIAM:*
This court affirmed the district court’s judgment, which held that
valuation-misstatement penalties were inapplicable under existing Circuit
precedent. Woods v. United States, 471 F. App’x 320 (5th Cir. 2012). On
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 11-50487 Document: 00512495274 Page: 2 Date Filed: 01/09/2014
No. 11-50487
certiorari to resolve a Circuit split, the Supreme Court reversed. Woods v.
United States, 134 S. Ct. 557 (2013).
As the Supreme Court has now decided the issue raised on appeal and
reversed our decision, we reverse the judgment of the district court and remand
for proceedings consistent with the order of the Supreme Court.
REVERSED AND REMANDED.
2