Topic
Conservation Easements
399 published works
Nonprofit Law Prof Blog
Partnership Not Entitled to Charitable Contribution Deduction for Two of Three Easements, Conservation Purpose Not Protected in Perpetuity
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…
Texas Trusts, Estates and Taxes
Another Conservation Easement Bits the Dust
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…
Law on Purpose
Tax Court Upholds Amendment Clauses but Continues Attack on Floating Homesites in Conservation Easements
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…
Tax Controversy Report
Conservation Easements: A Year End Review
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…
Law on Purpose
Happy New Year’s Tidings for Land Trusts and Other Conservation Advocates
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…
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…
Law on Purpose
California Legislature Amends Venerable Conservation Easement Statute: New Civil Code 815.11
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…
Tax Controversy Report
Conservation Easements: Charitable Deduction Disallowed Under “Substantial Benefits” Test
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…
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.…
Law on Purpose
Hobby Lobby Case Highlights Limitations on Charitable Deductions Claimed by Irrevocable Trusts
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…