Dunlap v. Commissioner of IRS
About This Legal Opinion
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.
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United States v. 1.57 Acres of Land
The court found that the conservation easement had more than zero value.
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.
Crimi v. Commissioner of IRS
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.
Ten Twenty Six Investors v. Commissioner
The Tax Court disallowed the deduction because of the failure to timely record the easement.
Glade Creek Partners, LLC v. Commissioner
The 11th Circuit vacated part of the Tax Court decision that disallowed the charitable deduction based on the improvements clause in the termination proceeds provision but affirmed the Tax Court’s decision on the valuation penalty.
Graev v. Commissioner III
The Tax Court held for the IRS, finding that the cash and easement gifts were rendered conditional by the side letter and so disallowed the deduction.
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.
Whitehouse Hotel Limited Partnership et al. v. Commissioner
Whitehouse I Holding: The Tax Court held that IRS' expert witness was qualified, an expert witness' failure to follow USPAP does not render his testimony inadmissible under the Federal Rules of Evidence, rejected the use of the replacement cost approach and the income approach to valuation, applied its own valuation and penalties.
Chandler v. Commissioner
Tax Court cited Kaufman IV holding that the facade easements had zero value because they were largely duplicative of existing historic preservation ordinances but held that taxpayers had reasonable cause for their gross misvaluation in two of three returns.
Hewitt v. Commissioner
The IRS challenged a CE deduction due to flawed termination proceeds provision, a flawed Form 8283, and overvaluation. The Tax Court denied the deduction in its entirety because the termination proceeds provision allowed for a subtraction of value based on improvements and assessed a 40% penalty.