Attorney-at-Law

STIRRING TIMES – ENTER THE SUPREMES?

In Uncategorized on 05/15/2020 at 14:07

Judge Albert G (“Scholar Al”) Lauber won’t back down. True, his order in High Point Holdings, LLC, High Point Land Manager, LLC, Tax Matters Partner, Docket No. 10896-17, filed 5/15/20, was more likely than not drafted and in the hot teletubbying hands of the hardlaboring clerks, formerly at The Glasshouse, when 11 Cir unloaded on Judge Pugh in Oakbrook the other day.

Maybe High Point has no golf course. Or perhaps that game is infra dig. to one who holds a Master of Arts degree from Clare College, Cambridge.

Howbeit, PBBM and the Coalholders are front-and-center. For PBBM, which did have a golf course (look out, Tax Court, fore!), see my blogpost “Thanks a Lot, Judge,” 10/11/16, and pick up on 5 Cir affirming, PBBM-Rose Hill, Limited; PBBM Corporation, Tax Matters Partner, No. 17-60276, 8/14/18.

For the Coalholders, who had no golf course but only a couple old strip-mined Tennessee hollers (hi, Judge Holmes) and cellphone towers, see my blogpost “Diamonds Are Forever,” 10/28/19.

High Point loses on perpetuity, of course; no post-granting split of extinguishment cash, defective savings clause, and all that.

So we shall see if 11 Cir or 5 Cir. wins the jumpball if High Point appeals, because just maybe the Supremes get to weigh in, and do a conflict-amongst-the-circuits silt-stir.

Stirring times indeed.

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