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Tax Court Penalizes Salesman for Aggressive Placed in Service Interpretation

05 Mar '14

Here’s an article that I recently published in Tax Notes Today.  It discusses the 2013 case Brown v. Commissioner in which the Tax Court did not accept an insurance salesman’s conclusion that his personal Bombardier Challenger aircraft was placed in service in 2003, despite the fact that it was flown to business meetings in 2003.  The Tax Court analysis in part relied on cases involving a wind farm and a hydroelectric dam, so the case has relevance in analyzing whether renewable energy projects have been placed in service.