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Conservation Easement Disputes Provide Lessons for Foundation Contributions  


Author:  Jerry McCoy.


Source: Volume 10, Number 05, July/August 2011 , pp.13-14(2)




Family Foundation Advisor

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Abstract: 

The rules governing charitable contributions and deductions for conservation contributions under Code §170(h) are complicated and unforgiving. But a rash of recent activity growing out of IRS audits suggests that some easements are being planned and put into place by folks who just don’t have those rules firmly in mind. As in several recent cases, the IRS challenge in Schrimsher v. Comm’r was based not on the detailed requirements imposed for such easements under the Internal Revenue Code (§170(h)) and the Regulations thereunder but, rather, on grounds that Mr. Schrimsher’s deductions were not properly substantiated.

Keywords: Schrimsher v. Comm’r

Affiliations:  1: Attorney at Law.

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