Pine Mountain Preserve, LLLP v. Commissioner - 11th Circuit
About This Legal Opinion
Pine Mountain Preserve court rulings and the eventual 11th Circuit ruling is pivotal on the questions of building rights and amendments.
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Pine Mountain Preserve LLLP v. Commissioner - Amicus Brief
This is the Land Trust Alliance 11th circuit amicus brief. Pine Mountain Preserve court rulings and the eventual 11th Circuit ruling is pivotal on the questions of building rights and amendments.
Kumar v. Commissioner
IRS challenged the amendment clause and valuation. The Tax Court followed Pine Mountain Preserve (affirmed by the 11th Circuit) that the amendment clause is consistent with the granted-in-perpetuity section 170(h)(2)(C). The Tax Court upheld the deduction in its entirety after a lengthy analysis.
TOT Property Holdings, LLC v. Commissioner (11th Circuit opinion)
Tax Court denied the deduction due to the flawed termination proceeds language. 11th Circuit affirmed. IRS claimed that the easement’s forest management provisions were inconsistent reserved rights but this issue was not addressed or decided.
Carter v. Commissioner
On remand from 11th circuit, Tax Court determined compliance with regulations for baseline documentation and reserved rights such as floating building areas.
A deep (and refreshing) breath
In the recent case Pine Mountain Preserve v. Commissioner, the Eleventh Circuit advised conscious breathing. So everyone took a deep breath, including the court, who then simplified the complicated tax regulations and analyses, making them accessible concepts.
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.
Hancock Cnty. Land Acquisitions v. United States
The 11th Circuit affirmed the Tax Court decision finding that the Anti-Injunction Act barred the suit in District Court because the case was a dispute over taxes.
Palmer Ranch v Commissioner II
In a colorful decision the 11th Circuit affirmed the determination of the highest and best use, but reversed with respect to the valuation because it departed from the comparable-sales method and relied on evidence from outside the record so it remanded to the Tax Court for another take on the before value.
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.