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Easement Rules Challenger Denied Rehearing Despite Circuit Split

July 6, 2022, 7:31 PM

A federal appeals court declined to rehear a company’s challenge to regulations that the IRS has used to block an array of tax deductions tied to conservation land deals.

The US Court of Appeals for the Sixth Circuit issued the order Wednesday, stating that none of its judges had requested a vote on whether to rehear the case.

The order leaves in place the March 14 conclusion of a three-judge Sixth Circuit panel majority that the regulations were properly issued. A third judge disagreed, but said Oakbrook Land Holdings LLC’s $9.55 million tax deduction should be disallowed on ...