Legal Opinion

Minnick v. Commissioner

Court of Appeals for the Ninth Circuit

Decided August 12, 2015No. 13-73234PublishedCited by 16 opinions

1Opinion of the Court

OPINION

2Per curiam

We are asked to decide whether Treasury Regulation § 1.170A-14(g)(2) requires that, for a taxpayer to take a deduction for the donation of a conservation easement, any mortgage , on the property must be subordinated to the easement at the time of the donation. We hold that this is required by the regulation and thus affirm the decision of the Tax Court to that effect.

I. Background

Walter C. Minnick and A.K. Lienhart (“Taxpayers”) are a married couple. In 2005, Minnick took out a $400,000 loan from U.S. Bank. The loan was secured by an undeveloped plot of land Minnick already owned in…

3Cases cited9 opinions

  1. Auer v. RobbinsSupreme Court of the United States · 1997
  2. Christensen v. Harris CountySupreme Court of the United States · 2000
  3. Indopco, Inc. v. CommissionerSupreme Court of the United States · 1992
  4. Christopher v. Smithkline Beecham Corp.Supreme Court of the United States · 2012
  5. The Ann Jackson Family Foundation v. Commissioner Internal Revenue ServiceCourt of Appeals for the Ninth Circuit · 1994

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4Cited by16 opinions

  1. Willie Goffney, Jr. v. Xavier BecerraCourt of Appeals for the Ninth Circuit · 2021
  2. United States v. Yi-Chi ShihCourt of Appeals for the Ninth Circuit · 2023
  3. Friends of the Inyo v. UsfsCourt of Appeals for the Ninth Circuit · 2024
  4. League of California Cities v. FCCCourt of Appeals for the Ninth Circuit · 2024
  5. amazon.com Inc. & Subsidiaries v. CirCourt of Appeals for the Ninth Circuit · 2019

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