Trying Times: Important Lessons to Be Learned from Recent Federal Tax Cases
Nancy A. McLaughlin
University of Utah S.J. Quinney College of Law
Stephen J. Small
Law Office of Stephen J. Small, Esq., P.C.
October 2, 2012
This outline was prepared for a panel discussion on recent case law developments in the conservation easement donation context that took place at the Land Trust Alliance national conference in Salt Lake City, Utah, in early October 2012. The four panelists were Nancy A. McLaughlin, Robert W. Swenson Professor of Law at the University of Utah SJ Quinney College of Law; Stephen J. Small, national expert on conservation easement donation transactions and one of the principal drafters of the Treasury Regulations interpreting Internal Revenue Code § 170(h); Karin Gross, Supervisory Attorney, IRS Office of Chief Counsel; and Marc L. Caine, Senior Counsel, IRS Office of Chief Counsel.
Number of Pages in PDF File: 68
Keywords: conservation easement, 170(h), charitable income tax deduction, easement donation, tax law, perpetuity, substantiation requirements, substantial compliance, qualified appraisal, qualified appraiser, Form 8283, Form 990, contemporaneous written acknowledgment, mortgage subordination
JEL Classification: H20, H50, K34, L31, Q20
Date posted: November 8, 2012