Bloomberg Law
Oct. 20, 2020, 8:45 AM

Easement Deal Appeal Offers Early Test for Old Treasury Rules

Aysha Bagchi
Aysha Bagchi

A new appeal of a court ruling over tax-advantaged land deals is the latest in what is expected to be a growing trend of lawsuits testing whether old tax regulations can survive modern legal scrutiny.

A notice of appeal filed Friday signals that the U.S. Court of Appeals for the Sixth Circuit will be asked to overturn a U.S. Tax Court ruling in Oakbrook Land Holdings, LLC v. Comm’r, in which a divided court upheld 34-year-old regulations under the Administrative Procedure Act. The APA requires federal agencies to give notice and respond to significant comments for certain rules. ...

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