Court Rulings

UNIQUEST DELAWARE LLC and UNILAND HOLDINGS LLC as Tax Matters Partner, Plaintiffs, v. UNITED STATES OF AMERICA, Defendant
Cash Grants to Partnership held Taxable Incomeble Income
March 27, 2018

SWF Real Estate LLC, Yellowfish Investments, Inc. v. Commissioner of Internal Revenue, T.C. Memo. 2015-63
April 2, 2015
Section 707 prevents use of the partnership provisions to render nontaxable what would in substance have been a taxable exchange if it had not been run through the partnership.

Route 231 LLC, John D. Carr, Tax Matters Partner v. Commissioner of Internal Revenue; T.C. Memo. 2014-30
February 24, 2014
U.S. Tax Court held that Virginia state tax credits are property, and, under the facts of the case, the allocation of the credits to a partner was a disguised sale.

Gateway Hotel Partners LLC v.Commissioner; T.C. Memo. 2014-5
January 9, 2014
U.S. Tax Court ruled that participating partners failed to show GHP reasonably relied on professional advice or acted with reasonable cause or in good faith in taking the position resulting in the underpayment. They also sustain accuracy-related penalty on the portion of the underpayment due to GHP’s failure to report income from its sale of the Statler tranche 2 MHTCs to Firstar CDC.

Carpenter v. Commissioner; T.C. Memo. 2013-172
July 25, 2013
The U.S. Court of Appeals ruled that petitioners did not present any newly discovered evidence or cited intervening change in the law that would warrant granting the motion for reconsideration of the opinion in Carpenter v. Commissioner regarding Conservation Easement

Consolidated Edison Company of New York v. United States
January 9, 2013
The U.S. Court of Appeals ruled against lease-in, lease out (LILO) deductions, reversing and remanding a previous Claims Court decision that had allowed Consolidated Edison to claim rental deductions and interest expenses.

Irby v. Commissioner
October 25, 2012
U.S. Tax Court ruled that taxpayers who donated part of their Colorado ranch as conservation easements provided sufficient documentation to qualify for the conservation easement deduction.

Friedberg and Moss v. Commissioner
October 3, 2011
U.S. Tax Court ruled petitioners were not entitled to a charitable contribution deduction with respect to the facade easement

Simmons v. Commissioner
June 21, 2011
The U.S. Court of Appeals for the District of Columbia Circuit allows deductions for donating conservation easements on the facades of two Washington, D.C. buildings

McNeil v. Commissioner
May 23, 2011
U.S. Tax Court ruled that proceeds from a taxpayers’ sales of Colorado state conservation easement tax credits were taxable as short-term capital gains

1982 East, LLC, Solomon D. Asser, Tax Matters Partner v. Commissioner
April 12, 2011
U.S. Tax Court ruling regarding façade easement

Tempel v. Commissioner
April 5, 2011
U.S. Tax Court ruling regarding state tax credits as property.

Virginia Historic Tax Credit Fund v. Commissioner of Internal Revenue
March 29, 2011
U.S. Court of Appeals for the Fourth Circuit reverses the decision in the decision of the Tax Court in Virginia Historic Tax Credit Fund 2001 LP, et al, vs. IRS

Fourth Circuit Denial of the Petition for a Rehearing
May 27, 2011
In case of U.S. Court of Appeals for the Fourth Circuit reverses the decision in the decision of the Tax Court in Virginia Historic Tax Credit Fund 2001 LP, et al, vs. IRS

Opening Brief for the Appellant (IRS)
July 21, 2010
Brief by Appellees Virginia Historic Tax Credit Fund 2001 LP, et al.
July 21, 2010
Amicus Brief of the Commonwealth of Virginia in Support of the Virginia Historic Tax Credit Fund 2001
July 30, 2010
Reply Brief by Appellant Commissioner of Internal Revenue
September 1, 2010
Amendments to Petitions
June 12, 2009
Exhibit 23-J: Partnership Agreement
December 16, 2001
 

Historic Boardwalk Hall LLC v. Commissioner
August 27, 2012
The U.S. Court of Appeals for the 3rd Circuit overturned the U.S. Tax Court's ruling and found that the investor in the historic rehabilitation of the East Hall of the Atlantic City, N.J. convention center was not a bona fide partner because it lacked a meaningful stake in the project's success or failure.

Commisioner's Memorandum on Law Regarding the Scope of the Mandate
August 6, 2013
Order List, Supreme Court of the U.S.
May 28, 2013
Reply Brief by the Counsel for Petitioner
May 6, 2013
Commissioner of Internal Revenue Response to Petition for a Writ of Certiorari
April 24, 2013
Petition for Writ of Certiorari
January 17, 2013
Denial of Petition
October 23, 2012
Petition for Rehearing or Rehearing En Banc
October 10, 2012
Notice of Oral Argument in Historic Boardwalk Hall v. Commissioner of Internal Revenue
June 8, 2012
Reply Brief for the Appellant (IRS)
January 31, 2012
Notice of Oral Argument Tentatively Listed for April 20, 2012
January 27, 2012
U.S. Tax Court: Historic Boardwalk Hall LLC v. Commissioner of Internal Revenue
January 3, 2011
Amicus Brief by Real Estate Roundtable in Support of Appellee
December 21, 2011
Amicus Brief by National Trust for Historic Preservation in Support of Appellee
December 21, 2011
Brief by Appellee New Jersey Sports and Exposition Authority
December 15, 2011
IRS Brief on Appeal to the Third Circuit
October 28, 2011
IRS Concise Summary of the Case
April 14, 2011
Opening Brief for the Respondent
August 14, 2009
Opening Brief for the Petitioner
August 14, 2009
Novogradac YouTube Video Describing the Historic Boardwalk Hall Decision

Chevron U.S.A. Inc. v. Timm et al: Motion for Summary Judgment of Chevron U.S.A. and Chevron TCI Inc.
October 6, 2010

U.S. Tax Court Memo 2009-295: Virginia Historic Tax Credit Fund 2001 LP, et al., v. IRS
December 22, 2009
U.S. Tax Court ruled that state historic tax credit investors were partners for federal tax purposes, rather than purchasers of state tax credit. Additionally, the transaction between tax credit investors and the partnership were not characterized as disguised sale for federal income tax purposes.

Opening Brief by IRS
June 9, 2009
Opening Brief by 2001 Virginia Historic Tax Credit Fund
June 8, 2009
Respondent Reply Brief
July 9, 2009
Petitioner Reply Brief
July 9, 2009
Trial Memo for Petitioners
April 2009
 

Bruzewicz v. United States
March 25, 2009
The United States District Court for the Northern District of Illinois disallowed a deduction for a donation of a charitable easement of real property because the taxpayers did not obtain a contemporaneous written acknowledgement for the façade easement.  

Louisiana Department of Revenue Private Letter Ruling No. 08-023
November 5, 2008
Louisiana Department of Revenue allowed an allocation of tax credits under an agreement between a developer and a company in a manner disproportionate to the partners' equity contributions and ownership percentages because the principal purpose of the allocation method was not to avoid or evade Louisiana income tax.

Whitehouse Hotel Limited Partnership v. Commissioner
October 30, 2008
U.S. Tax Court rejected both the cost and income approaches to valuing a "facade donation" by the owner of a New Orleans hotel, instead using the comparable sales approach to determine the value of the servitude was $1.792 million, and not the $7.445 million claimed by the owner.

Whitehouse Hotel, et al v. CIR
August 10, 2010
The Fifth Circuit Court of Appeals vacated and remanded the US Tax Court ruling in Whitehouse Hotel Limited Partnership v. Commissioner in 2008 that substantially reduced the value of a 1997 charitable contribution deduction for a facade easement.