Tax Court: Donation of Conservation Easement Denied

A recent Tax Court opinion offers two new elements for consideration when making a charitable donation of a conservation easement under Section 170.

In Mitchell v. Commissioner, the Tax Court denied taxpayer’s deduction for the charitable contribution of a qualified conservation easement. The court found that where a mortgage subordination agreement is not in place at the time of the donation, the subordination requirement of the regulations has not been satisfied. The court also ruled that the so-remote-as-to-be-negligible standard of Treas. Reg. Sec. 1.170A-14(g)(3) does not to apply to determine whether a donation has satisfied the requirements of Treas. Reg. Sec. 1.170A-14(g)(2) (subordination of the easement).

Read the opinion here:
Mitchell v. Commissioner, 138 T.C. No. 16 (2012)

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