Opinion
8956-13
08-21-2023
PINE MOUNTAIN PRESERVE, LLLP F.K.A. CHELSEA PRESERVE, LLLP, EDDLEMAN PROPERTIES, LLC, TAX MATTERS PARTNER, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Richard T. Morrison, Judge
This case was called remotely at the Court's August 9, 2023, Washington, D.C. special hearing session. Counsel for petitioner and respondent appeared and were heard. Pending in this case are petitioner's June 1, 2023 Motion for Reconsideration of Order Dated May 2, 2023 (Doc. 124) and petitioner's July 3, 2023 Motion for an Order to Show Cause (Doc. 126).
At the remote hearing, the Court decided to modify paragraph 1 in the Order served on May 2, 2023 (Doc. 121):
1. The Court will hold a remand proceeding at which each party is permitted to adduce the testimony of an expert rebuttal witness in addition to a direct expert witness on the valuation of the 2005, 2006, and 2007 easements. The parties will not be permitted to introduce other evidence. The remand proceeding will take place in person in Washington, D.C. at a date to be determined.
The Court continues to encourage the parties to settle the case. After due consideration and for cause more fully appearing in the transcript of the proceeding, it is
ORDERED that, petitioner's June 1, 2023 Motion for Reconsideration of Order Dated May 2, 2023 is granted in part as specified in paragraph 1 above, and denied as to all other relief requested. It is further
ORDERED that petitioner's July 3, 2023 Motion for an Order to Show Cause is denied. It is further
ORDERED that the parties shall, on or before September 8, 2023, file status reports notifying the Court of (1) any agreement(s) regarding the range of dates for the Washington, D.C remand proceeding and pre-trial schedule, (2) the status of procurement of expert and rebuttal witnesses, (3) settlement negotiation discussions, and (4) any additional updates of then-present status of this case.