Wachter v. Comm'r
United States Tax Court
For 2004 through 2006 Ps reported charitable contributions that flowed to them from a partnership and an LLC, both of which were treated as partnerships for tax purposes. For each year the LLC reported charitable contributions of cash and the partnership reported bargain sales of conservation easements as charitable contributions of property.
Read the full summary
For 2004 through 2006 Ps reported charitable contributions that flowed to them from a partnership and an LLC, both of which were treated as partnerships for tax purposes. For each year the LLC reported charitable contributions of cash and the partnership reported bargain sales of conservation easements as charitable contributions of property. R issued notices of deficiency to Ps disallowing all of the charitable contribution deductions and determining accuracy-related penalties. R filed a motion for partial summary judgment asserting that Ps did not satisfy the "contemporaneous written…
1Opinion of the Court
Buch, Judge:
These cases are before the Court on respondent’s motion for partial summary judgment. The issues for decision are:(1) whether a State law that limits the duration of an easement to not more than 99 years precludes petitioners’ conservation easements from qualifying as granted “in perpetuity” under section 170(h)(2)(C) or (5)(A).1 We hold that it does; and(2) whether the documents petitioners provided to the IRS satisfy the “contemporaneous written acknowledgment” requirement of section 170(f)(8) and section 1.170A-13(f)(15), Income Tax Regs. We hold that material facts remain in…
2Cases cited19 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Sundstrand Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1994
- Sundstrand Corp. v. CommissionerUnited States Tax Court · 1992
- United States v. National Bank of CommerceSupreme Court of the United States · 1985
- Naftel v. CommissionerUnited States Tax Court · 1985
14 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Lindsay Manor Nursing Home, Inc. v. Comm'rUnited States Tax Court · 2017
- Harbor Lofts Associates, Crowninshield Corporation, Tax Matters Partner v. CommissionerUnited States Tax Court · 2018
- Patrick J. Wachter & Louise M. Wachter v. CommissionerUnited States Tax Court · 2014
- Wachter v. Comm'rUnited States Tax Court · 2014