2017 – 12/28

A poorly worded agreement bars a charitable deduction for a conservation easement. The U.S. Tax Court has held that a conservation easement wasn’t a qualified conservation contribution because of a poorly worded clause in the easement agreement. The agreement provided that if certain conditions were met, the holder of a replacement easement could be an entity other than a qualified organization. The possibility that the easement could be replaced had to be taken into account because it was more than negligible. (TC Memo 2017-245)


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