Cave Buttes, LLC v. Commissioner
About This Legal Opinion
The Tax Court soundly rejected each of the IRS's claims concerning the appraisal, finding that the Lyons appraisal either strictly or substantially complied with each of the relevant Regulations. and sustained the deduction in full.
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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.
Savannah Shoals, LLC v. Commissioner
The Tax Court found for the donor on the issues of qualified appraisal and substantial compliance with the 8283 but for the IRS on valuation.
Champions Retreat Golf Founders, LLC v. Commissioner
The Tax Court largely upheld the conservation easement donor’s valuation claim, despite flaws with the appraisal. The court also denied the taxpayer’s motion for litigation costs, finding that the IRS’s litigation position was “substantially justified” and the taxpayer was not a “prevailing party.”
Lumpkin HC, LLC v. Commissioner
In a proceeds clause case with the improvement deduction language, the Tax Court denied the deductions in full, following Oakbrook Land Holdings LLC, v. Commissioner and Coal Property Holdings, LLC v. Commissioner. The Tax Court declined to consider the IRS' argument on the floating building areas.
Simmons v. Commissioner TC Memo 2009-208
Tax Court rejected all of the IRS’ qualification arguments, found that the easements qualified as “contemporaneous written acknowledgements” under 170(f)(8), held that the appraisals substantially complied with the Treasury Regulations for “qualified appraisals” and reduced the allowed deductions.
Rothman v. Commissioner of IRS
Tax Court held that the appraisal was not a qualified appraisal because it did not contain a method and specific basis for valuation, essentially following Scheidelman
Valley Park Ranch, LLC v. Commissioner
The Tax Court invalidated the proceeds regulation and found that the deed complied with the Internal Revenue Code.
Lord v. Commissioner
The Tax Court held that the appraisal was not a qualified appraisal due to omission of several dates and FMV. The Court found these omissions significant enough so as to preclude the application of the doctrine of substantial compliance.
Lumpkin One Five Six, LLC v. Commissioner
Lumpkin One Five Six LLC v. Commissioner - June 2020.pdf In a proceeds clause case with the improvement deduction language, the Tax Court denied the deductions in full, following Oakbrook Land Holdings LLC, v. Commissioner and Coal Property Holdings, LLC v. Commissioner. The Tax Court declined to consider the IRS' argument on the floating building areas.
Dorothy Jean Simmons v. Commissioner, T.C. Memo 2009-208 (U.S.T.C. 2009)
Tax Court rejected all of the IRS' 170(h) qualification arguments: the easement deeds qualified as 'contemporaneous written acknowledgements' under 170(f)(8), the appraisals substantially complied with the Treasury Regulations for 'qualified appraisals' and the appraiser’s valuation.