Payment of cash with historic easement not deductible

Payment of cash with historic easement not deductible

Payment of cash with historic easement not deductible

The U.S. Tax Court has ruled that the mandatory payment of cash to a qualified conservation agency in connection with the donation of an historic façade easement is not deductible as a charitable contribution. The Court denied a deduction for the easement itself because it said the accompanying appraisal did not substantially comply with the appraisal requirements in the Regulations. But it held, independently, that the mandatory payment was not a gift or contribution because the donor/payor expected a substantial benefit in return. The donor gave a façade easement to the National Architectural Trust on a building in the Fort Greene Historic District in Brooklyn, NY and claimed a deduction...

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