Legal Opinion

Belk v. Comm'r

United States Tax Court

Decided January 28, 2013No. Docket No. 5437-10Published

In 2004 Ps contributed a conservation easement on 184.627 acres of a golf course to a qualified organization. The conservation easement agreement permitted the parties, by agreement and subject to certain restrictions, to change what real property was subject to the conservation easement. Ps claimed a charitable contribution deduction on their 2004 Federal income tax return.

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In 2004 Ps contributed a conservation easement on 184.627 acres of a golf course to a qualified organization. The conservation easement agreement permitted the parties, by agreement and subject to certain restrictions, to change what real property was subject to the conservation easement. Ps claimed a charitable contribution deduction on their 2004 Federal income tax return. I.R.C. sec. 170 allows a deduction for a "qualified conservation contribution". A qualified conservation contribution requires a contribution of a qualified real property interest. I.R.C. sec. 170(h)(1)(A). A qualified…

1Opinion of the Court

B. V. BELK, JR., AND HARRIET C. BELK, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Belk v. Comm'r

Docket No. 5437-10

United States Tax Court

140 T.C. 1; 2013 U.S. Tax Ct. LEXIS 1; 140 T.C. No. 1;

January 28, 2013, Filed

Decision will be entered under Rule 155.

In 2004 Ps contributed a conservation easement on 184.627 acres of a golf course to a qualified organization. The conservation easement agreement permitted the parties, by agreement and subject to certain restrictions, to change what real property was subject to the conservation easement. Ps claimed a charitable contribution…

2Cases cited19 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  3. New Colonial Ice Co. v. HelveringSupreme Court of the United States · 1934
  4. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  5. Indopco, Inc. v. CommissionerSupreme Court of the United States · 1992

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