Fifth Circuit Vacates Tax Court on Donation of Historical Facade Easement

The Fifth Circuit Court of Appeals vacated the Tax Court’s valuation of an historic fa├žade easement for charitable contribution purposes and remanded for further findings.

Whitehouse Hotel Limited Partnership v. Commissioner, Docket No. 09-60085 (5th Circuit August 10, 2010)

2nd Circuit: Entire Transferred Interest in Home Not Included in Estate

In a decision that prompted a 20 page dissent, the Second Circuit reverses the Tax Court on the application of Section 2036 to the transfer of a 49% interest in a home that the donor continued to occupy.

Estate of Stewart v. Commissioner, Docket 07-5370-ag (2d Cir. August 9, 2010)

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