- 18 - they evince an intent to accept this Conservation Easement: (a) The Nature Conservancy, (b) the Michigan department of Natural Resources, or (c) any other appropriate organization which qualifies under Section 170(h)(3) of the Code, has conservation purposes, and is qualified to accept and hold this Conservation Easement either voluntarily or through an award of such right by a court of competent jurisdiction under the doctrine of cy pres. Deed 1 does not restrict petitioners’ right to develop any part of the property not covered by conservation easement 1. Petitioners obtained from Frame an appraisal of conservation easement 1 and attached to their 1992 return a letter from Frame stating that he had appraised conservation easement 1 at a fair market value of $99,000. Frame stated in the letter that he had estimated that the fair market value of encumbered shoreline 1 was $249,000 before conservation easement 1 was imposed, that the fair market value of encumbered shoreline 1 was $99,500 after conservation easement 1 was imposed, and that conservation easement 1 enhanced by $50,500 the fair market value of the portion of the property not covered by conservation easement 1. Frame concluded in the letter that these numbers resulted in the claimed $99,000 fair market value for conservation easement 1 ($249,000 - ($99,500 + $50,500) = $99,000). Petitioners claimed on their 1992 return that they had made total charitable contributions of $108,957, consisting of a $99,000 noncash contribution of conservation easement 1 and cash contributions of $9,957. Petitioners deducted on their 1992Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011