Topic
Conservation Easements
399 published works
Wills, Trusts & Estates Prof Blog
Article: How the US Tax Code Can Save Our Most Endangered Species Part I: A Survey of Conservation Easement Law and How the Tax Code Helps Private Landowners Make the Most Beneficial Impact to Our Most Threatened Species
Elizabeth M. Hughes recently published an article, How the US Tax Code Can Save Our Most Endangered Species Part I, ABA Real Property, Trust & Estate Law Journal, 2023. Provided…
Nonprofit Law Prof Blog
Conservation Easements Update: Cert. Denial; Hearing on Proposed Regs; New Articles
The long legal grind relating to conservation easements continues, with no end in sight. Setting aside the periodic issuance of dispositive and procedural decisions in the many pending cases -…
Wills, Trusts & Estates Prof Blog
Article: How the US Tax Code Can Save Our Most Endangered Species Part I: A Survey of Conservation Easement Law and How the Tax Code Helps Private Landowners Make the Most Beneficial Impact to Our Most Threatened Species
Elizabeth M. Hughes recently published an article, How the US Tax Code Can Save Our Most Endangered Species Part I, ABA Real Property, Trust & Estate Law Journal, 2023. Provided below…
Nonprofit Law Blog
Highlights from the ABA Exempt Organizations Committee Meeting 2/10/23
Here are some of the highlights from 3 of the sessions at the ABA Exempt Organizations Committee meeting held on February 10, 2023 as part of the ABA 2023 Midyear…
Nonprofit Law Prof Blog
Stranger Things With Syndicated Conservation Easements
My college-aged daughter is home for the holidays and she is a Netflix junky. Some of the things she recommends are pretty good. Like Stranger Things -- I tried to…
Tax Controversy Report
Omnibus Bill Limits Conservation Easements, but the Long-Requested Safe-Harbor Does Not Apply to Current Cases
By Kristy Caron, Elizabeth Blickley
On the morning of Dec. 20, 2022, we finally got a look at the language being negotiated in the 4,155 page Omnibus spending bill. Buried in the bill is new…
Nonprofit Law Prof Blog
Conservation Easements Update: Proposed Listed Transactions Regs; Kane on Circuit Split
Last month the U.S. Tax Court held that the syndicated conservation easement listing notice was invalid for failure to follow Administrative Procedure Act requirements. Without agreeing with the Tax Court's…
Legacy Advisors
Responding to Recent Taxpayer Victories, IRS Issues Proposed Regulations Identifying Syndicated Conservation Easement Transactions as Listed Transactions
By Courtney A. Hopley, Barbara T. Kaplan, Scott E. Fink
The proposed regulations demonstrate that the IRS is taking a proactive approach in addressing the APA challenges to its method for identifying listed transactions. The IRS makes clear that it…
Nonprofit Law Prof Blog
Tax Court Conservation Easement Setbacks for IRS
The IRS suffered two significant partial defeats this month in the U.S. Tax Court relating to conservation easements.First, the court in Green Valley Investors, LLC v. Commissioner held that the…
Tax Controversy Report
Fox Rothschild Tax Litigation Team Topples IRS Conservation Easement Rule
In a major victory before a 17-judge panel of the U.S. Tax Court, a Fox Rothschild litigation team led a successful challenge to an IRS rule and secured the reversal…