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Conservation Easements

399 published works

  1. Nonprofit Law Prof Blog

    Partnership Not Entitled to Charitable Contribution Deduction for Two of Three Easements, Conservation Purpose Not Protected in Perpetuity

    By nonprofitlawprof

    In Pine Mountain Preserve, LLLP v. Commisioner, the Tax Court's 116 page opinion determined that (cribbing from CCH):  A partnership was not entitled to charitable contributions deductions for two easement deeds…

  2. Texas Trusts, Estates and Taxes

    Another Conservation Easement Bits the Dust

    By Grady Dickens

    In theory conservation easements are simple- a landowner grants a perpetual easement on a portion of his land for a charitable purpose and gets an income tax deduction for the…

  3. Law on Purpose

    Tax Court Upholds Amendment Clauses but Continues Attack on Floating Homesites in Conservation Easements

    By Misti Schmidt

    When the Tax Court issued its opinion in Pine Mountain Preserve, LLLP v. Commissioner of Internal Revenue, 151 T.C. 14 (December 27, 2018), the conservation community gave a collective sigh…

  4. Tax Controversy Report

    Conservation Easements: A Year End Review

    By Fox Rothschild LLP

    The IRS has been cracking down on conservation easement transactions for over ten years. Nevertheless, taxpayers have continued to claim charitable contribution deductions attributable to the donation of conservation easements…

  5. Law on Purpose

    Happy New Year’s Tidings for Land Trusts and Other Conservation Advocates

    By Misti Schmidt

    DOJ sues Syndicated Easement Promoters The Department of Justice has finally filed a civil complaint against certain promoters who have been spearheading syndicated easements to the tune of over $2…

  6. Tax Controversy 360

    LB&I Announces Five New Campaigns

    By Emily Mussio, Andrew R. Roberson, Kevin Spencer

    On September 10, 2018, the Internal Revenue Service (IRS) Large Business and International (LB&I) Division announced five new audit “campaigns.” These new campaigns follow: (1) the initial 13 campaigns announced…

  7. Law on Purpose

    California Legislature Amends Venerable Conservation Easement Statute: New Civil Code 815.11

    By Misti Schmidt

    Governor Brown signed S.B. 901 into law on September 7. The controversial and lengthy bill is simply entitled “Wildfires,” but has garnered a lot of media attention for what many…

  8. Tax Controversy Report

    Conservation Easements: Charitable Deduction Disallowed Under “Substantial Benefits” Test

    By Fox Rothschild LLP

    In Wendell Falls Development, LLC v. Commissioner, T.C. Memo. 2018-45, the Tax Court denied a charitable contribution deduction for a taxpayer’s contribution of a conservation easement because the taxpayer expected…

  9. Law on Purpose

    Denial of Conservation Easement Deduction: Right Result, Puzzling Analysis

    By Misti Schmidt, Heather Webb

    Earlier this month, the U.S. Tax Court handed down an oddly reasoned memo opinion rejecting a North Carolina developer’s conservation easement deduction in Wendell Falls Development, LLC v. Commissioner, T.C.…

  10. Law on Purpose

    Hobby Lobby Case Highlights Limitations on Charitable Deductions Claimed by Irrevocable Trusts

    By Misti Schmidt

    Green v. U.S., No. 16-6371 (10th Cir., Jan. 12, 2018) Practitioners and donors often forget a pesky donation limitation that applies only to irrevocable trusts: the deduction for a real…