Attorney-at-Law

WHAT’S IT WORTH?

In Uncategorized on 11/14/2017 at 18:15

That Obliging Jurist, Judge David Gustafson, can’t apply softsoap to Palmolive Building Investors, LLC, DK Palmolive Building Investors SD Participants, LLC, Tax Matters Partner, Docket No. 23444-14, filed 11/14/17.

The Palmolives got their façade demolished when Judge Gustafson refused to follow 1 Cir in the instant case, which is Golsenized to 7 Cir. For more about this, see my blogpost “No Joy Forever- Because Golsen,” 10/11/17.

Well, the Palmolives want a Section 7482(a)(2) interlocutory appeal. For you civilians, that’s an appeal when a case hasn’t been finally decided, but where there’s substantial difference of opinion on a point, the determination of which by an appellate court will materially advance the litigation.

Judge Gustafson allows that there might be a substantial difference as to the “so remote as to be negligible” chance that the Palmolives’ mortgagee might glom casualty insurance proceeds or eminent domain awards to the detriment of the 501(c)(3) guardian of the precious heriditament.

But it comes back to the real issue that the Palmolives are fighting about, the 40% substantial overvaluation chop.

Even if the Palmolives eke out a win on the mortgagee-nicks-the-proceeds issue (maybe Judge Posner is feeling generous), the issue of the FMV of the property before and after doesn’t go away.

There’s gotta be a trial, guys.

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