Charles F. and Susan G. Glass - Page 31

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          of section 170(h)(4) and (5).  Section 170(h)(4)(A) generally               
          provides that a contribution is for a conservation purpose if it:           
          (1) Preserves land for outdoor recreation by, or the education              
          of, the general public, (2) protects a relatively natural habitat           
          of fish, wildlife, or plants, or similar ecosystem, (3) preserves           
          open space for the scenic enjoyment of the general public or                
          pursuant to a Federal, State, or local governmental conservation            
          policy, and this preservation will yield a significant public               
          benefit, or (4) preserves a historically important land area or a           
          certified historic structure.  See also sec. 1.170A-14(d)(1),               
          Income Tax Regs.  Under the statute, each of these four prongs is           
          a conservation purpose in and of itself, and a taxpayer’s                   
          satisfaction of one of these prongs suffices to establish the               
          requisite conservation purpose.  See also S. Rept. 96-1007, at 10           
          (1980), 1980-2 C.B. 599, 604.  Section 170(h)(5)(A) generally               
          provides that a contribution of a qualified real property                   
          interest may be exclusively for conservation purposes only if it            
          is protected in perpetuity.  The statute contains no further                
          specific guidance as to when a contribution of a qualified real             
          property interest that is protected in perpetuity will be                   
          exclusively for conservation purposes.                                      
               The requirement in section 170(h)(1)(C) that a qualified               
          contribution of a conservation easement be “exclusively for                 
          charitable purposes” may be traced to the Tax Reform Act of 1969            






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