Trying Times: Conservation Easements and Federal Tax Law (April 2019)

169 Pages Posted: 30 May 2019 Last revised: 28 Jun 2019

See all articles by Nancy A. McLaughlin

Nancy A. McLaughlin

University of Utah S.J. Quinney College of Law

Date Written: April 30, 2019

Abstract

Since 2006, the Tax Court, District Courts, and Circuit Courts have collectively issued more than one-hundred decisions relating to the federal charitable income tax deduction for the donation of perpetual conservation easements. This outline discusses these court decisions and other developments in the conservation easement donation context. The outline was prepared for a May 3rd, 2019, program of the same name at the University of Utah S.J. Quinney College of Law. Presenters at the program were Nancy A. McLaughlin, Professor of Law, University of Utah S.J. Quinney College of Law; Stephen J. Small, Attorney at Law, Law Office of Stephen J. Small, Esq., P.C.; Karin Gross, Special Counsel, IRS Office of Chief Counsel; Mark Weston, Appraiser, AQB Certified USPAP Instructor, and Director, Division of Conservation, Colorado Dept. of Regulatory Agencies; and Wendy Fisher, Executive Director, Utah Open Lands.

Keywords: conservation easement, 170(h), 8283, qualified appraisal, qualified appraiser, extinguishment, swap, recordation, valuation, syndication

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

Suggested Citation

McLaughlin, Nancy A., Trying Times: Conservation Easements and Federal Tax Law (April 2019) (April 30, 2019). University of Utah College of Law Research Paper No. 312. Available at SSRN: https://ssrn.com/abstract=3384360 or http://dx.doi.org/10.2139/ssrn.3384360

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)

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