Tuesday, April 27, 2010
The Tax Court yesterday denied a claimed charitable contribution deduction for a façade easement granted to a tax-exempt organization be cause the property was subject to a mortgage and thus "the conservation purpose [was not] protected in perpetuity" within the meaning of § 170(h)(2)(C) and § 170(h)(5)(A) and Reg, § 1.170A-14(a). Kaufman v. Commissioner, 134 T.C. No. 9 (Apr. 26, 2010).