Historic Boardwalk Case

The Internal Revenue Service has appealed the decision of the Tax Court in the Historic Boardwalk Case to the Third Circuit Court of Appeals. The Tax Court decision upheld the allocation of 99.99% of the rehabilitation tax credits to a corporate investor, which contributed capital of over $18 million to the historic rehabilitation project in consideration for 99.99% of the tax credits, profits and losses including any residual. The basic structure of the Historic Boardwalk Case is typical of many historic rehabilitation transactions. A reversal by the Court of Appeals of the Historic Boardwalk Case may have severe negative implications for the historic tax credit industry. Oral argument in the Third Circuit in Philadelphia is scheduled for June 25, 2012.