Opinion
4868-15
11-09-2023
CHAMPIONS RETREAT GOLF FOUNDERS, LLC, RIVERWOOD LAND, LLC, TAX MATTERS PARTNER, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER AND DECISION
Cary Douglas Pugh Judge.
On October 17, 2022, the Court issued its Memorandum Opinion (T.C. Memo. 2022-106), directing a decision to be entered under Rule 155 of the Tax Court Rules of Practice and Procedure. On April 11, 2023, the parties filed separate Rule 155 computations.
On March 20, 2023, petitioner filed a Motion for Reasonable Litigation or Administrative Costs. On March 22, 2023, petitioner filed a First Amended Motion for Reasonable Litigation or Administrative Costs. On April 24, 2023, respondent filed a Response to First Amended Motion for Reasonable Litigation or Administrative Costs. On May 24, 2023, petitioner filed a Reply to Response to First Amended Motion for Reasonable Litigation or Administrative Costs.
On November 8, 2023, the Court issued its Memorandum Opinion (T.C. Memo. 2023-134), concluding that petitioner is not entitled to recovery of reasonable administrative and litigation costs.
Upon due consideration and for cause, and incorporating herein the facts recited in the parties' computations as the findings of the Court and for cause, it is hereby
ORDERED that petitioner's First Amended Motion for Reasonable Litigation or Administrative Costs, filed March 22, 2023, is denied. It is further
ORDERED AND DECIDED that the following statement shows the adjustment to the partnership item of Champions Retreat Golf Founders, LLC, for the taxable year 2010:
Partnership Item
As Reported
As Determined
Charitable contribution
$10,427,435
$7,834,091