The only cases other than run-of-the mill indocumentados today, April 23, were (1) a Section 1031 like-kind exchange (Patrick A. Reesink and Jill Mitchel Reesink, 2012 T.C. Mem. 118, filed 4/23/12) where the taxpayer’s witnesses were able to establish investment intent in the replacement property based on timing between purchase of replacement property and sale of principal residence, coupled with attempted rental activity of the replacement property before taxpayer took occupancy; strictly fact-driven; and (2) litigation delay never being a ground for abatement of interest under Section 6404 (Michael Coleman, 2012 T.C. Mem. 116,  filed 4/23/12), even when the tax matters partner in this phony shelter was under criminal investigation and ultimately went to jail.  As I’ve said before, partners beware; the tax matters partner holds your tax life in his hands.

Nothing really novel here, so I move to the announcement that Daniel A. “Yuda” Guy has been elevated from Tax Court General Counsel to Special Trial Judge.  A graduate of McDaniel College and the University of Baltimore Law School,  STJ Guy has been on the Tax Court team for more than twenty years. We look forward to many interesting opinions from STJ Guy.