Topic
Conservation Easements
399 published works
Rocky Mountain Conservation Easement Law
6th Circuit Court Weighs in on Proceeds Clause in Conservation Easements and Creates Split with 11th Circuit Court
By Melinda Beck
On March 14, 2022, the U.S. Court of Appeals for the 6th Circuit delivered its opinion in Oakbrook Land Holdings, LLC v. Commissioner regarding the proceeds clause in conservation easements. …
Rocky Mountain Conservation Easement Law
Department of Justice Indicts Seven Related to Syndicated Conservation Easements
By Melinda Beck
The Department of Justice announced March 1, 2022 that five tax shelter promoters and two appraisers have been charged with conspiracy to defraud the United States and other crimes arising…
Rocky Mountain Conservation Easement Law
Colorado Division of Conservation Reaches $45 Million Tax Credit Cap for 2021
By Melinda Beck
On February 25, 2022, the Colorado Division of Conservation announced that the 2021 conservation easement tax credit annual cap of $45 million has been reached for the first time since…
Nonprofit Law Prof Blog
Conservation Easements Update: IRS Has 80 Cases “Teed Up”; New McLaughlin Article
Litigation and scholarship on conservation easements continues apace. At the ABA Tax Section meeting, an official from Chief Counsel reported that the IRS has about 80 fraud cases teed up…
Nonprofit Law Prof Blog
Flynn on Restoring the Conservation Purpose in Conservation Easements
Andrew Flynn (Ropes & Gray law firm) has published Restoring the Conservation Purpose in Conservation Easements: Ensuring Effective and Equitable Land Protection Through Internal Revenue Code Section 170(h) in the…
Rocky Mountain Conservation Easement Law
11th Circuit Reverses Tax Court on Proceeds Clause
By Melinda Beck
On December 29, 2021, in Hewitt v. Commissioner, the Court of Appeals for the 11th Circuit reversed the U.S. Tax Court's decision regarding the proceeds clause set forth in Treas.…
Dollars & Sense
Recent Tax Court Case Outlines Factors Taxpayers can use to Avoid Negligence Penalties
The IRS is vigorously litigating cases involving conservation easements they believe are abusive. One such case was Plateau Holdings, LLC v. Comm’r, T.C. Memo 2020-93 (Plateau I). In that case…
Nonprofit Law Prof Blog
Burnet, Leshy & McLaughlin: Building Better Conservation Easements
King Burnett (Uniform Law Commission), John D. Leshy (Hastings), and Nancy A. McLaughlin (Utah) have published Building Better Conservation Easements for American the Beautiful at the Harvard Environmental Law Review…
Rocky Mountain Conservation Easement Law
Chief Counsel Advice on Pre-Existing Uses in a Conservation Easement
By Melinda Beck
On October 15, 2021, the Office of Chief Counsel of the Internal Revenue Service (IRS) disclosed a copy of a communication in 202141022 suggesting that notification of the exercise or…
Legacy Advisors
House Proposal Targets Charitable Deductions for Conservation Easements by Passthrough Entities
By Michelle Ferreira, Barbara T. Kaplan, Courtney A. Hopley
On Sept. 13, 2021, the U.S. House Ways and Means Committee announced a proposal to limit charitable deductions for conservation easement contributions made by partnerships and other passthrough entities. The…