Charles F. and Susan G. Glass - Page 42

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               We hold that petitioners’ respective contributions in 1992             
          and 1993 of the conservation easements are qualified conservation           
          contributions under section 170(h)(1) because, in relevant part,            
          they protect a relatively natural habitat of wildlife and plants            
          and are exclusively for conservation purposes.19  In so holding,            
          we have considered all arguments made as to the issues decided              
          herein, and we have rejected as meritless those arguments not               
          discussed herein.20                                                         


               19 The encumbered shoreline is a portion of real property              
          used by petitioners as their personal residence, and sec.                   
          170(h)(4)(A)(ii) does not require that the protection of the                
          natural habitats referenced therein be pursuant to a clearly                
          delineated governmental conservation policy.  The staff of the              
          Joint Committee on Taxation has recently prepared a report                  
          stating that sec. 170(h) is “so broad that the IRS effectively              
          has no basis to challenge contributions claimed to have been made           
          for such [conservation] purposes” and “the status quo in essence            
          permits the donor and the donee, the two parties with the                   
          greatest incentive to reach such a conclusion, to determine that            
          a conservation purpose is served.”   Staff of the Joint Committee           
          on Taxation, Options to Improve Tax Compliance and Reform Tax               
          Expenditure 286 (Jan. 27, 2005).  The report proposes changes to            
          sec. 170(h).  Id. at 1, 277.  The proposal, if adopted, would               
          provide that the protection of the natural habitats referenced in           
          sec. 170(h)(4)(A)(ii) is exclusively for conservation purposes              
          only if it is pursuant to a clearly delineated governmental                 
          policy; i.e., it furthers a specific, identified conservation               
          project.  Id. at 282.  The proposal, if adopted, would provide              
          that a qualified real property interest is not considered as                
          contributed exclusively for a conservation purpose if the donor             
          (or a family member of the donor) has a right to use all or a               
          portion of the real property as a personal residence at any time            
          after the contribution.  Id. at 283.                                        
               20 At trial, the Court severed from the matter at hand the             
          issue concerning the fair market value of petitioners’                      
          contributions.  Respondent asserts as to the matter at hand that            
          petitioners contributed a small portion of the property and                 
                                                             (continued...)           




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