Whenever the dodge du jour goes into high gear, the dodgefloggers ramp up production. The aim, of course, is to get as much merchandise into the market as the market will consume, and sell it off fast. In the course thereof, speed of production overtakes quality. Degraded and defective products enter the market, leading to retrofit attempts that complicate matters, especially when IRS hauls in its favorite gambit, partial summary J.

Of course, this is another GA boondockery.

When 11 Cir kicked out “highly contestable readings of what it means to be perpetual” in Hewitt, IRS substituted the defective deed.

I missed Lodebar Property, LLC, Lodebar Manager, LLC, Tax Matters Partner, Docket No. 11780-20, filed 5/11/22, but Judge Albert G (“Scholar Al”) Lauber sure remembers it, even though he miscites it in Dorchester Farms Property, LLC, Dorchester Farms Manager, LLC, Tax Matters Partner, Docket No. 6441-20, filed 3/7/23, as “Docket No. 1178-20,” Order, at p. 4.

Much the same cast of characters in both. Same appraisers (who’ve been here before), same GA county, similar misdesignations of acreage, similar attempted correction deeds signed by same person, similar trudge through GA law on scrivener’s error.

Judge Scholar Al denies IRS’ motion for partial summary J, sets both down for trial to ascertain the intent of the parties.

Spoiler alert- Taishoff says the intent of the parties was to convey shares in the write-off of semi-worthless GA scrub to  syndicated conservation easement dodgefloggers, who marked the stuff up by a factor of ten, off-loading to highrollers looking to dodge taxes. And those charged with papering the deal were robosigners, copying each deal’s document from the last, not even changing every variable.

Word to IRS- I love summary J, but enough is enough. As Judge Holmes said, it’s all about valuation.