Trying Times: Important Lessons to Be Learned from Recent Federal Tax Cases

68 Pages Posted: 8 Nov 2012  

Nancy A. McLaughlin

University of Utah S.J. Quinney College of Law

Stephen J. Small

Law Office of Stephen J. Small, Esq., P.C.

Multiple version iconThere are 2 versions of this paper

Date Written: October 2, 2012

Abstract

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.

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

Suggested Citation

McLaughlin, Nancy A. and Small, Stephen J., Trying Times: Important Lessons to Be Learned from Recent Federal Tax Cases (October 2, 2012). Available at SSRN: https://ssrn.com/abstract=2171733 or http://dx.doi.org/10.2139/ssrn.2171733

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)

Stephen J. Small

Law Office of Stephen J. Small, Esq., P.C. ( email )

One Gateway Center, Suite 801
Newton, MA 02458
United States

Paper statistics

Downloads
167
Rank
31,460
Abstract Views
1,869