Legal Opinion

Browning v. Commissioner

United States Tax Court

Decided November 25, 1997No. Tax Ct. Dkt. No. 16336-94, Docket No. 20287-95PublishedCited by 18 opinions

H county has a program to preserve farmland by purchasing development rights from landowners. Under that program, Ps conveyed an easement to the county in consideration of a cash downpayment and an installment note. Ps claimed a charitable contribution on the basis that they had made a "bargain sale" of the easement to the county.

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H county has a program to preserve farmland by purchasing development rights from landowners. Under that program, Ps conveyed an easement to the county in consideration of a cash downpayment and an installment note. Ps claimed a charitable contribution on the basis that they had made a "bargain sale" of the easement to the county. The consideration received by Ps from the county was consistent with consideration paid by the county to other participating landowners under the program. Relying on sec. 1.170A-14(h)(3)(i), Income Tax Regs., R argues that evidence of consideration paid by the…

1Opinion of the Court

Halpern, Judge:

These consolidated cases involve the following determinations by respondent of deficiencies in petitioners’ Federal income taxes:

Year Deficiency

1990 . $16,910

1991 . 3,481

1992 . 7,720

1993 . 4,013

The issue in dispute is the amount (if any) of petitioners’ charitable contribution on account of petitioners’ conveyance to Howard County, Maryland, in 1990 of an easement relating to certain real property.

Unless otherwise noted, all section references are to the Internal Revenue Code in effect for the years in issue, and all Rule references are to the Tax Court Rules of Practice and…

2Cases cited14 opinions

  1. Olson v. United StatesSupreme Court of the United States · 1934
  2. United States v. FullerSupreme Court of the United States · 1973
  3. Harold Dejong and Marjorie J. Dejong v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1962
  4. Stark v. CommissionerUnited States Tax Court · 1986
  5. Simms v. Commissioner of Internal RevenueCourt of Appeals for the D.C. Circuit · 1952

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

3Cited by18 opinions

  1. Whitehouse Hotel Ltd. Partnership v. CommissionerCourt of Appeals for the Fifth Circuit · 2010
  2. Boltar, L.L.C. v. Comm'rUnited States Tax Court · 2011
  3. Tempel v. Comm'rUnited States Tax Court · 2011
  4. Kiva Dunes Conservation, LLC v. Comm'rUnited States Tax Court · 2009
  5. Cohan v. Comm'rUnited States Tax Court · 2012

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

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