In Uncategorized on 02/25/2022 at 14:07

Hewitt is the gift that keeps on giving. And Judge Albert G (“Scholar Al”) Lauber receives even more than I, as today he deals with Montgomery-Alabama River, LLC, Parkway South, LLC, Tax Matters Partner, Docket No. 9254-19, filed 2/25/22.

My readers know I eagerly awaited fresh learning in this case. See my blogposts “‘No Comment’ – Redivivus” 2/2/21, and “It’s Turkeys All the Way Down,” 6/11/21.

Today we have the update on the latter blogpost.  Therein, I chronicled how Judge Scholar Al tossed both IRS’ and the Montys’ motions for partial summary J. But now the Montys are back, wanting renewed summary J that the improvements-out clause is copasetic because Hewitt, and they’re Golsenized to 11 Cir.

IRS folds. Looks like Judge Holmes got it right, so much so that even IRS is folding. “Highly contestable readings of what it means to be perpetual” are on their way out.

But no summary J on that point to the Montys.

“We will accordingly vacate our June 11, 2021, Order insofar as it denied petitioner’s motion for partial summary judgment on the APA question. And we will hold petitioner’s Renewed Motion for Summary Judgment in abeyance pending further developments. This is the course we have followed in other cases presenting this scenario. See, e.g., Oconee Landing Prop., LLC v. Commissioner, T.C. Dkt. No. 11814-19 (Jan. 10, 2022) (order); Wisawee Partners II, LLC v. Commissioner, T.C. Dkt. No. 6105-18 (Jan. 7, 2022) (order). Because we have denied respondent’s motion for partial summary judgment on the ‘donor improvements’ issue–for reasons unrelated to the Eleventh Circuit’s opinion in Hewitt–this case (unless settled) will proceed to trial to determine the proper valuation of the easement, whether or not the regulation is valid. Given the possibility of further appellate developments on the ‘donor improvements’ issue, we think that the most prudent course is to preserve this issue for possible consideration at trial or in post-trial briefs.” Order, at p. 2.

For Oconee, see my blogpost “Price and Value,” 1/12/22; for Wisawee, see my blogpost “Another Silt-Stir,” 1/7/22.

Can Oakbrook be far behind?


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