U.S. Eleventh Circuit - The FindLaw 11th Circuit Court of Appeals Opinion Summaries Blog

Like-Kind Exchange Tax Issue, and Criminal Matter

Ocmulgee Fields, Inc. v. Comm'r of Int'l. Rev., No. 09-13395, involved a petition for review of the tax court's determination that the taxpayer's like-kind exchange that interposed an intermediary between itself and a related party was not entitled to nonrecognition treatment.  The court affirmed on the ground that the record adequately supported the tax court's finding that the taxpayer structured its transactions to avoid the purposes of 26 U.S.C. section 1031(f).

In US v. Villarreal, No. 09-11348, the court affirmed defendant's conviction and sentence for conspiring to distribute marijuana, holding that 1) the government did not deprive defendant of his constitutional right to a speedy trial; 2) the record supported the district court's finding that defendant stymied the government's efforts through evasion; and 3) defendant generally must show actual prejudice where the first three factors do not weigh heavily against the government.

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