TaxProf Blog

Editor: Paul L. Caron, Dean
Pepperdine University School of Law

Tuesday, April 27, 2010

Tax Court: Mortgage Disqualifies Charitable Deduction for Conservation Easement

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).

https://taxprof.typepad.com/taxprof_blog/2010/04/tax-court-mortgage.html

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