Charles F. and Susan G. Glass - Page 27

                                       - 27 -                                         
          LTC also helps the landowner find an appraiser to value the                 
          contributed property by furnishing the landowner with a list of             
          appraisers, all of whom attended a seminar on the subject                   
          sponsored by LTC.  LTC also usually gives the landowner some                
          brochures explaining the mechanics of a conservation easement and           
          a guide detailing the tax ramifications of a conservation                   
          easement and the contribution thereof.  LTC does not value any              
          easement that it receives from a landowner, and LTC does not                
          acknowledge or accept any valuation of the easement.  LTC usually           
          verifies its receipt of a contributed easement by signing Form              
          8283, Noncash Charitable Contributions.                                     
               LTC does not on an annual basis formally monitor each                  
          conservation easement that it receives to ensure compliance but             
          occasionally monitors them informally.  LTC maintains a file for            
          each of these easements.                                                    
                                       OPINION                                        
               We decide whether petitioners’ contributions of the                    
          conservation easements are qualified conservation contributions             
          under section 170(h)(1).  Petitioners argue they are.13                     
          According to petitioners, the conservation easements prohibit any           
          construction, development, or disturbance of the natural state of           


               13 While petitioners filed the lawsuit to reform the deeds             
          underlying the conservation easements, we decide this case on the           
          basis of the specific property that petitioners actually                    
          contributed to the trust in 1992 and 1993.                                  




Page:  Previous  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  Next

Last modified: May 25, 2011