Justice Department Files Brief in IRS Appeal of Tax Court Decision in Historic Boardwalk Hall Case

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Tax Credit Advisor, December 2011: A brief filed on behalf of the Internal Revenue Service in its appeal of an early 2011 U.S. Tax Court decision has some tax credit industry participants nervous that an appeals court ruling favoring the Service could adversely affect the future structure of transactions utilizing federal historic rehabilitation tax credits — and perhaps other kinds of federal tax credits as well.

The U.S. Department of Justice filed the brief October 27 with the U.S. Court of Appeals for the Third Circuit, which is hearing the appeal by the IRS of the January 2011 decision by the Tax Court that upheld the taxpayer (Historic Boardwalk Hall, LLC, New Jersey Sports and Exposition Authority v. Commissioner of Internal Revenue Service). Read More…