Gorra v. Commissioner
About This Legal Opinion
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.
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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.
Butler v. Commissioner of IRS
The Tax Court found for the taxpayers on the conservation purposes and reserved rights issues and reduced the valuation by 50% but did not assess penalties.
Van Alen v. Commissioner
Taxpayers failed to report income from a conservation easement sale. The IRS assessed deficiences which the Tax Court upheld and assessed penalties.
United States v. 1.57 Acres of Land
The court found that the conservation easement had more than zero value.
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.
In Re Estate of Ryerss
The Appellate Court found that the Donated or Dedicated Property Act applied, that the City had failed to demonstrate that the continued use of the park met conversion tests, and found that the statute did not allow for consideration of any public benefit that might result from the conversion.
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.
Palmer Ranch Holdings, LTD v. Commissioner III
On remand the Tax Court found that the IRS failed to demonstrate the market softening effect using sales or other data for 2006 and 2007so followed the 11th Circuit in accepting PRH's qualitative adjustment argument and sustained the value taxpayer claimed at trial.
Brotzler v. Commissioner
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.
Turner v. Commissioner (Opening Brief of Respondent)
Tax Court held that the easement did not meet the open space conservation purpose test and failed the historic preservation test because it did not protect the property’s natural condition that contributed to the historical nature of the surrounding properties. Penalties assessed.