Legal Opinion

Mitchell v. Commissioner

United States Tax Court

Decided April 3, 2012No. Docket No. 10891-10PublishedCited by 14 opinions

In 2003 P contributed a conservation easement over 180 acres of unimproved land to a qualified organization. The purchase of the unimproved land was seller financed. After a downpayment, P executed a promissory note for the remaining payments secured by a deed of trust on the unimproved land.

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In 2003 P contributed a conservation easement over 180 acres of unimproved land to a qualified organization. The purchase of the unimproved land was seller financed. After a downpayment, P executed a promissory note for the remaining payments secured by a deed of trust on the unimproved land. P failed to have the mortgagee subordinate the deed of trust to the conservation easement deed until two years later, in 2005. P claimed a charitable contribution deduction on her 2003 Federal income tax return. I.R.C. sec. 170 allows a deduction for a "qualified conservation contribution". A qualified…

1Opinion of the Court

Haines, Judge:

Respondent determined a deficiency of $142,600 in petitioner’s Federal income tax and an accuracy-related penalty under section 6662(a) 1 and (d) of $28,520 for 2003. 2 The issues for decision after concessions are: (1) whether petitioner is entitled to a charitable contribution deduction with respect to the conservation easement she granted to Montezuma Land Conservancy (Conservancy); (2) if petitioner is entitled to a charitable contribution deduction, the amount of the deduction; and (3) whether petitioner is liable for the accuracy-related penalty under section 6662(a) and…

2Cases cited8 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. Hernandez v. CommissionerSupreme Court of the United States · 1989
  3. United States v. American Bar EndowmentSupreme Court of the United States · 1986
  4. Commissioner v. SimmonsCourt of Appeals for the D.C. Circuit · 2011
  5. Charles and Susan Glass v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 2006

3 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Mitchell v. CommissionerCourt of Appeals for the Tenth Circuit · 2015
  2. Belk v. Comm'rUnited States Tax Court · 2013
  3. Minnick v. CommissionerCourt of Appeals for the Ninth Circuit · 2015
  4. Carroll v. Comm'rUnited States Tax Court · 2016
  5. Graev v. CommissionerUnited States Tax Court · 2013

9 more not listed; retrieve them via the Exa API.

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