Legal Opinion

Duncan v. Comm'r

United States Tax Court

Decided November 24, 2003No. 16607-97; No. 13579-98; No. 10022-02; No. 11095-02; No. 11313-02; No. 11324-02; No. 11326-02; No. 11327-02; No. 11338-02; No. 11339-02; No. 11441-02PublishedCited by 4 opinions

Certain factual issues common to these consolidated cases have been submitted for voluntary binding arbitration pursuant to Rule 124. The arbitration agreement requires the parties to submit certain information to the arbitrator by a prescribed deadline and gives the arbitrator discretionary authority to request additional information.

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Certain factual issues common to these consolidated cases have been submitted for voluntary binding arbitration pursuant to Rule 124. The arbitration agreement requires the parties to submit certain information to the arbitrator by a prescribed deadline and gives the arbitrator discretionary authority to request additional information. Ps made a timely submission of information to the arbitrator and another untimely submission to which R waived any objection on condition that Ps submit no additional information. Ps have moved to delay entering the arbitrator's findings in the record on the…

1Opinion of the Court

OPINION

Thornton, Judge:

A primary issue in these consolidated cases is the fair market value of numerous West Virginia natural gas wells with respect to which petitioners claimed charitable contribution deductions. The parties have agreed to resolve this factual valuation issue by voluntary binding arbitration, pursuant to Rule 124.2 The case is now before us on petitioners’ motion to delay entering the arbitrator’s findings in the record.

Background

On April 14, 2003, the parties filed a Joint Motion for Rule 124 Arbitration, moving that certain factual issues common to these consolidated cases…

2Cases cited9 opinions

  1. United Steelworkers v. Warrior & Gulf Navigation Co.Supreme Court of the United States · 1960
  2. First Options of Chicago, Inc. v. KaplanSupreme Court of the United States · 1995
  3. At&T Technologies, Inc. v. Communications WorkersSupreme Court of the United States · 1986
  4. Volt Info. Sciences, Inc. v. Bd. of Trustees of Leland Stanford Jr. U.Supreme Court of the United States · 1989
  5. Mastrobuono v. Shearson Lehman Hutton, Inc.Supreme Court of the United States · 1995

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3Cited by4 opinions

  1. Dutton v. Comm'rUnited States Tax Court · 2004
  2. Duncan v. Comm'rUnited States Tax Court · 2003
  3. Dutton v. Comm'rUnited States Tax Court · 2004
  4. Wallace and Donnetta Duncan v. CommissionerUnited States Tax Court · 2003

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