2015 Trying Times: Important Lessons to Be Learned from Recent Federal Tax Cases

Presented at Land Trust Alliance Rally 2015, Sacramento, California, Friday October 9. 2015

University of Utah College of Law Research Paper No. 136

155 Pages Posted: 13 Oct 2015 Last revised: 13 Nov 2015

See all articles by Nancy A. McLaughlin

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: October 9, 2015

Abstract

Since 2005, the courts have collectively issued more than 75 opinions 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 Sacramento, California, in October 2015. 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), 8283, qualified appraisal, qualified appraiser, restricted gift, merger, bankruptcy, extinguishment, swap, recordation, valuation, syndication

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

Suggested Citation

McLaughlin, Nancy A. and Small, Stephen, 2015 Trying Times: Important Lessons to Be Learned from Recent Federal Tax Cases (October 9, 2015). Presented at Land Trust Alliance Rally 2015, Sacramento, California, Friday October 9. 2015; University of Utah College of Law Research Paper No. 136. Available at SSRN: https://ssrn.com/abstract=2673079 or http://dx.doi.org/10.2139/ssrn.2673079

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

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