Legal Opinion

Belk v. Comm'r

United States Tax Court

Decided January 28, 2013No. Docket No. 5437-10PublishedCited by 21 opinions

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

VASQUEZ, Judge:

Respondent determined deficiencies of $806,375, $784,678, and $491,239 in petitioners’ Federal income tax for 2004, 2005, and 2006, respectively. The issues for decision after partial settlement1 are: (1) whether petitioners are entitled to a charitable contribution deduction with respect to the conservation easement they granted to Smoky Mountain National Land Trust (SMNLT);2 and (2) if petitioners are entitled to a charitable contribution deduction, the amount of the deduction.3

FINDINGS OF FACT

Some of the facts have been stipulated and are so found. The stipulation of facts,…

2Cases cited17 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

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

3Cited by21 opinions

  1. Carroll v. Comm'rUnited States Tax Court · 2016
  2. Graev v. CommissionerUnited States Tax Court · 2013
  3. Zarlengo v. Comm'rUnited States Tax Court · 2014
  4. Wachter v. Comm'rUnited States Tax Court · 2014
  5. Gorra v. Comm'rUnited States Tax Court · 2013

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

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