James D. and Beverly H. Turner - Page 19

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          Respondent determined that petitioners were not entitled to the             
          contribution deduction.  If we decide that there was a qualified            
          conservation easement, then we must decide its value in order to            
          arrive at the amount of the deduction to which petitioners are              
          entitled.  Respondent contends that petitioners have failed to              
          show that their donation satisfies the statutory definition and             
          requirements for a conservation easement deduction.  In that                
          regard, respondent contends that there were defects in the                  
          conservation easement deed and petitioners’ Form 8283 (attached             
          to their return) and no acceptance of the deed or an easement by            
          Fairfax County (the donee named by petitioners).  Alternatively,            
          if the Court decides that there was a valid donation, respondent            
          contends that the Grist Mill property was developed according to            
          its highest and best use, and there was, therefore, nothing                 
          remaining to contribute as a conservation easement.                         
               Petitioners contend that they have either complied or                  
          substantially complied with the reporting requirements for a                
          conservation easement deduction.  They also contend that the                
          Grist Mill property had the potential for additional development            
          and that such potential was foregone to preserve the historic               
          nature of the surrounding properties.  If we decide that there              
          was no contribution of a qualified conservation easement, we must           
          then decide whether petitioners are subject to an accuracy-                 
          related penalty under section 6662.  The grounds underlying                 






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