Crimi v. Commissioner of IRS
About This Legal Opinion
Although the Court found flaws in the appraiser's analysis, it still found a fair market value high enough to support the claimed deduction. The Court found that the August 16 letter constituted a contemporaneous written acknowledgment, rejecting all three of the IRS' arguments.
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Gorra v. Commissioner
The Court found the easement complied with the purposes and perpetuity tests but found that the value was much less that taxpayers claimed although not zero as the IRS claimed. Penalties assessed.
Hughes v. Commissioner
The court concluded that the fair market values of the parcels were diminished after donating a conservation easement, entitling taxpayer to a deduction however on valuation analysis the court sided on all three contested points with the IRS.
Dunlap v. Commissioner of IRS
The Tax Court disallowed the deduction in its entirety because it held that the easement had zero value. The Tax Court found the taxpayers' expert witness appraisers unconvincing, based on numerous methodological flaws.
Braen v. Commissioner
The Tax Court sustained the IRS’s determinations that the Braens failed to show the value of all consideration received as part of a bargain sale due to quid pro quo issues and the sufficiency of the contemporaneous written acknowledgment.
Estate of Giovacchini v. Commissioner of IRS
The Tax Court held that although the 2003 transaction was valid evidence of fair market value, it was nevertheless based on a very flawed appraisal that made unrealistic assumptions about legal access. The Court created its own value.
Bagley v. Found. for the Pres. of Historic Georgetown
The appellate court affirmed the trial court's holding that the easement clearly prohibits the construction of any building addition, rejecting all of Bagley's arguments as to ambiguity.
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.
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.
O’Connor v. Commissioner
Tax Court ruled in favor of the IRS, finding that even if the deed restrictions were included at the request of OCLT, they were required to be considered in determining the fair market value of the gift.
15 West 17th St. LLC v. Commissioner
The IRS challenged a façade easement deduction both on 170(f)(8) grounds and on valuation. The donee submitted an amended Form 990 return for the year in which the donation was made. The tax court held that a traditional contemporaneous written acknowledgment was necessary and denied the deduction.