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

76 Pages Posted: 30 Sep 2013 Last revised: 1 Nov 2013

Nancy A. McLaughlin

University of Utah S.J. Quinney College of Law

Stephen J. Small

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

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Date Written: September 26, 2013

Abstract

Since 2006, the Tax Court, District Courts, and Circuit Courts have collectively issued more than forty decisions relating to the federal charitable income tax deduction for the donation of perpetual conservation easements (fifteen decisions were issued in 2012 alone). This outline discusses the practical implications of recent court decisions for conservation easement donors and donees. The outline was prepared for a workshop of the same name at the Land Trust Alliance's national conference in New Orleans in September 2013. Presenters at the workshop were Nancy A. McLaughlin, Professor of Law, University of Utah S.J. Quinney College of Law; Steve Small, Attorney at Law, Law Office of Stephen J. Small, Esq., P.C.; Karin Gross, Supervisory Attorney, Internal Revenue Service; and Marc Caine, Senior Counsel, Internal Revenue Service, Office of Chief Counsel.

Keywords: conservation easement, 170(h), deduction, perpetuity, tax incentives

JEL Classification: H20, H50, K11, K34, L30, Q20, Q24

Suggested Citation

McLaughlin, Nancy A. and Small, Stephen J., Trying Times: Important Lessons to Be Learned from Recent Federal Tax Cases (September 26, 2013). University of Utah College of Law Research Paper No. 49. Available at SSRN: https://ssrn.com/abstract=2331485 or http://dx.doi.org/10.2139/ssrn.2331485

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

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