Toscano Holdings, LLC, Toscano Investments, LLC, Tax Matters Partner,  T. C. Memo. 2026-90, filed 9/22/26 (Here’s lookin’ at you, Kid, to the GoMD) says they got a raw deal at Appeals, so wipe the FPAA that knocked their Dixieland Boondockery down from $38 million to $6 million.

Judge Elizabeth Crewson Paris says the past is prologue, she won’t rewrite it, and Toscano can go to trial de novo. 

Toscano first refused to extend SOL so Exam could take a second look, then six (count ’em, six) months later offered to extend, but by then Exam had sent the file to Tech to craft the FPAA. Then after Toscano petitioned the FPAA, they got remanded to Appeals. The first Appeals hearing was postponed to avoid impacting the criminal trial of W the appraiser (who was acquitted on all counts). Then the hearing took place, with which Toscano finds fault.

Judge Paris won’t invalidate the FPAA. Toscano can go to trial and fight the one real question, valuation.

Once again, Greenberg’s Express rolls on.