Topic
Conservation Easements
399 published works
Nonprofit Law Prof Blog
French v. Comm’r—Conservation Easement Deduction Denied for Lack of Contemporaneous Written Acknowledgment
In French v. Comm'r, T.C. Memo. 2016-53, the Tax court sustained the IRS’s disallowance of more than $133,000 of carry-over deductions relating to a 2005 donation of a conservation easement…
Nonprofit Law Prof Blog
Palmer Ranch v. Comm’r—11th Circuit Remands Conservation Easement Valuation to Tax Court
In Palmer Ranch v. Comm’r, _ F.3d _ (11th Cir. 2016), the 11th Circuit held that the Tax Court’s valuation of a conservation easement in Palmer Ranch v. Comm'r, T.C.…
Wills, Trusts & Estates Prof Blog
What People Should Know About Conservation Tax Incentives
According to the National Conservation Easement Database, there are about 40 million acres of land in the United States that get protection from perpetual conservation easements. “Conservation easements serve a…
Nonprofit Law Prof Blog
Mecox v. U.S—District Court Denies Deduction for Façade Easement Donation; Deed Recorded in Wrong Year and Appraisal Untimely
In Mecox Partners LP v. U.S., _ F. Supp. _ (S.D.N.Y. 2016), the U.S. District Court in the Southern District of New York sustained the IRS’s complete disallowance of a…
Wills, Trusts & Estates Prof Blog
Article On Conservation Easements And The Valuation Conundrum
Nancy A. McLaughlin (University of Utah S.J. Quinney College of Law) recently published an article entitled, Conservation Easements And The Valuation Conundrum, 19 Florida Tax Review, 2016, and the University…
Nonprofit Law Prof Blog
Route 231, LLC v. Comm’r – 4th Circuit Affirms Allocation of 97% of Tax Credits Generated by Conservation Donations to 1% Partner Was Disguised Sale
In Route 231, LLC v. Comm'r, __ F.3d _ (4th Cir. 2016), the 4th Circuit affirmed that Tax Court’s holding that a partnership’s transfer to a 1% partner of 97%…
PropertyProf Blog
McLaughlin on Valuing Conservation Easements
Nancy McLaughlin (Utah) has posted Conservation Easements and the Valuation Conundrum (Florida Tax Review) on SSRN. Here's the abstract:For more than fifty years, taxpayers have been able to claim a federal…
Land Use Prof Blog
Land use articles posted to SSRN in December
Over the past few weeks, we have looked back at the entire year of land use scholarship; today, we turn to our usual first-of-the-month post highlighting those articles posted to…
Nonprofit Law Prof Blog
Enhanced Incentives for Easement Donations Made Permanent Without Reforms
On December 18, 2015, President Obama signed into law the Protecting Americans from Tax Hikes Act of 2015 (the PATH Act). One of the provisions of the PATH Act makes…
Nonprofit Law Prof Blog
Conservation Easements and the Valuation Conundrum
I recently posted an article on SSRN entitled Conservation Easements and the Valuation Conundrum, forthcoming in the Florida Tax Review. The article addresses valuation and valuation abuse in the conservation…