- 42 - 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...)Page: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
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