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

LAND TRUST ALLIANCE RALLY 2014 PROVIDENCE, RHODE ISLAND SATURDAY, SEPTEMBER 20, 2014

106 Pages Posted: 2 Oct 2014 Last revised: 14 Oct 2014

Nancy A. McLaughlin

University of Utah S.J. Quinney College of Law

Stephen Small

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

Date Written: September 20, 2014

Abstract

Since 2005, the courts have collectively issued more than 47 decisions involving challenges to deductions claimed under IRC § 170(h) with regard to conservation easement donations.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 Providence, Rhode Island, in September 2014. Presenters at the workshop were Nancy A. McLaughlin, Robert W. Swenson Professor of Law, University of Utah S.J. Quinney College of Law; Steve Small, Attorney at Law, Law Office of Stephen J. Small; Karin Gross, Supervisory Attorney, IRS Office of Chief Counsel in DC; and Marc Caine, Senior Counsel, IRS Office of Chief Counsel in NY.

Keywords: conservation easement, 170(h), restricted gift, merger, bankruptcy, extinguishment, swap, recordation, qualified appraisal, valuation

JEL Classification: L31, N50, Q15, Q24, R14

Suggested Citation

McLaughlin, Nancy A. and Small, Stephen, Trying Times: Important Lessons to Be Learned from Recent Federal Tax Cases (September 20, 2014). LAND TRUST ALLIANCE RALLY 2014 PROVIDENCE, RHODE ISLAND SATURDAY, SEPTEMBER 20, 2014. Available at SSRN: https://ssrn.com/abstract=2498980 or http://dx.doi.org/10.2139/ssrn.2498980

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 Small

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

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

Register to save articles to
your library

Register

Paper statistics

Downloads
499
rank
50,136
Abstract Views
1,465
PlumX