Brotzler v. Commissioner
About This Legal Opinion
The Tax Court held that the taxpayer had not made a completed gift to the Forest Service, and thus no charitable contribution deduction could be claimed.
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DiDonato v. Commissioner of IRS
The Tax Court held that the settlement agreement was not a contemporaneous written acknowledgment because at the time it was executed DiDonato's gift was still contingent. Thus, the gift could not be acknowledged before it was made.
Individual Making Qualified Conservation Contribution Allowed Gift Tax Charitable Deduction
Tax analysts' summary of IRC Section 170 —Charitable Deduction.
Consolidated Investors Group v. Commissioner, T.C. Memo 2009-
Tax Court held that the taxpayer was entitled to a charitable contribution despite its failure to comply with several requirements.
Scheidelman v. Commissioner of Internal Revenue (Tax Court
The Tax Court held that the appraisal was not a 'qualified appraisal,' there was no reasonable cause exception, no substantial compliance, the endowment is not a deductible gift and no penalties due to reasonable reliance.
LTR 8248069
Reply to request for a ruling that a certain contribution will be a qualified conservation contribution under section 170(h) of the Internal Revenue Code, entitling the donors to a charitable deduction under section 170(c) and a gift tax deduction under section 2522.
Balsam Mountain Investments, LLC v. Commissioner
Following Belk v. Commissioner, the Tax Court held that the conservation easement did not qualify for a charitable deduction because there was no 'qualified property interest' as required by section 170(h)(2)(C).
Belair Woods, LLC v. Commissioner
IRS disallowed a CE deduction in full due to missing basis on Form 8283.Tax Court found for the IRS that taxpayer had not substantially complied and that the information is reasonably obtainable and necessary. The tax court follows that of RERI Holdings I, LLC v. Commissioner, 149 T.C. No. 1.
61 York Acquisition, LLC v. Commissioner
The Tax Court held that the easement did not protect the entire exterior of the property, as required by the plain meaning of sec 170(h)(4)(B)(1), because the taxpayer only had ownership rights in the exterior facing the street and could not contribute a right that it did not possess.
Nature Conservancy of New Hampshire v. Nelson et al.
The Supreme Court held that TNC-NH was a charitable organization and thus could in theory qualify for property tax exemption. However, it determined that the property at issue was not used for charitable purposes.
LTR 8418032
This is in reply to a request for a ruling that a certain contribution will be a qualified conservation contribution under section 170(h) of the Internal Revenue Code (c) and a gift tax deduction under section 2522.