Abstract

http://ssrn.com/abstract=1964364
 
 

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McLaughlin on Kaufman: Tax Court Protects Public Investment in Conservation Easements


Nancy A. McLaughlin


University of Utah S.J. Quinney College of Law

November 21, 2011

Emerging Issues, Vol. 6074, 2011

Abstract:     
In two recent decisions, the Tax Court held that the conservation purpose of a conservation easement will be "protected in perpetuity" as required by IRC § 170(h) only if the holder is given an absolute right to a share of post-extinguishment proceeds. This short article discusses the import of this holding, as well as the court's approach to penalties and the deductibility of required cash payments to the donee.

Number of Pages in PDF File: 18

Keywords: conservation easement, § 170(h), section 170(h), perpetuity, protected in perpetuity, enforceable in perpetuity, penalties, deductibility of easement donations, deductibility of required cash payments

JEL Classification: H20, H29, K11, K34, K32, L31, Q24

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Date posted: November 26, 2011  

Suggested Citation

McLaughlin, Nancy A., McLaughlin on Kaufman: Tax Court Protects Public Investment in Conservation Easements (November 21, 2011). Emerging Issues, Vol. 6074, 2011. Available at SSRN: http://ssrn.com/abstract=1964364

Contact Information

Nancy A. McLaughlin (Contact Author)
University of Utah S.J. Quinney College of Law ( email )
332 South 1400 East, Rm 101
Salt Lake City, UT 84112-0730
United States
801-581-5944 (Phone)
801-581-6897 (Fax)

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