Charles F. and Susan G. Glass - Page 3

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          easement 1 and conservation easement 2) were qualified                      
          conservation contributions under section 170(h)(1).2  We hold               
          they were.  Petitioners claimed on their 1992 and 1993 Federal              
          income tax returns (1992 return and 1993 return, respectively)              
          that their contributions of the conservation easements were                 
          qualified conservation contributions.  As further support for his           
          disallowance of those claims, respondent in his posttrial brief             
          argues for the first time that petitioners have not proven that             
          they met the “contemporaneous written acknowledgment” requirement           
          of section 170(f)(8).  We consider this position to have been               
          advanced untimely and do not decide it.  See Leahy v.                       
          Commissioner, 87 T.C. 56, 64-65 (1986).                                     
                                  FINDINGS OF FACT                                    
          I.  Background                                                              
               Some facts were stipulated.  We incorporate herein by this             
          reference the parties’ stipulation of facts and the exhibits                
          submitted therewith.  We find the stipulated facts accordingly.             
          Petitioners are husband and wife, and they filed a joint Federal            
          income tax return for each relevant year.  They resided in Emmet            
          County, Michigan (Emmet County), when their petition was filed.             



               2 Unless otherwise indicated, section references are to the            
          Internal Revenue Code applicable to the relevant years, and Rule            
          references are to the Tax Court Rules of Practice and Procedure.            
          The relevant provisions of sec. 170(h) are set forth in an                  
          appendix to this Opinion.                                                   




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