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GREEN GAS DELAWARE STATUTORY TRUST v. C.I.R.

No. 17-1025, Consolidated with 17-1026, 17-1027.

903 F.3d 138 (2018)

GREEN GAS DELAWARE STATUTORY TRUST, Methane Bio, LLC, Tax Matters Partner, et al., Appellants v. COMMISSIONER OF INTERNAL REVENUE SERVICE, Appellee

United States Court of Appeals, District of Columbia Circuit.

Decided August 14, 2018.

Attorney(s) appearing for the Case

Robert J. Kovacev argued the cause for appellants. With him on the briefs was Caitlin R. Tharp .

Jennifer M. Rubin , Attorney, U.S. Department of Justice, argued the cause for federal appellee. With her on the brief was Bruce R. Ellisen , Attorney.

Opinion for the Court filed by Chief Judge Garland.

Rumpelstiltskin could spin straw into gold. Rumpelstiltskin, Inc. thought it could do the same for garbage, spinning it into tax credits. The Commissioner of the Internal Revenue Service disagreed. So did the Tax Court. So do we.

I

Every year, Americans generate 250 million tons of garbage. EPA, MUNICIPAL...

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