Tax Court Amends Decision on Home Construction Contracts

Pursuant to Tax Court Rule 50(f), orders shall not be treated as precedent, except as otherwise provided.

ORDERED: That the Court's Opinion filed June 2, 2014 (142 T.C. ___), is hereby amended as follows:

On page 54, lines 10-11, delete "units and neither the units nor the real property improvements related to and located on the site of the dwelling units have yet been built" and substitute in lieu thereof "units, and indeed, in some cases, no such units have yet been built".

On page 57, line 7, delete "406(e)(6)(A)(ii)" and substitute in lieu thereof "460(e)(6)(A)(ii)".

On page 58, at the end of line 2, insert the following: "In any event, we need not decide what constitutes a "site" because for improvements to be "located on the site of" one or more dwelling units, petitioner would have had to construct one or more dwelling units. Petitioner does not construct dwelling units."

On page 59, note 18, line 2, delete "the home" and substitute in lieu thereof "a home(s)".

On page 59, note 18, delete the final sentence.

On page 64, line 7, delete "the home" and substitute in lieu thereof "a lot where a dwelling unit(s) may eventually be constructed".

On page 64, line 8, delete "a home" and substitute in lieu thereof "the dwelling unit".

On page 64, line 9, delete "home" and substitute in lieu thereof "dwelling unit".

DATED: Washington, D.C.