- 20 - respondent’s determination for the penalty are, alternatively, that petitioners did not make a qualified contribution or, if a contribution was made, its value was substantially lower than the amount reported on their return. A. The Burden of Proof Generally, the burden of proving or showing error in respondent’s determination is upon the taxpayer. See Rule 142(a). The burden of proof may shift to respondent in certain situations. See sec. 7491(a). Petitioners concede that they bear the burden of showing their entitlement to a conservation easement deduction. Conversely, respondent concedes that he bears the burden of production with respect to the section 6662 penalty. See sec. 7491(c). B. The Conservation Easement 1. Background Section 170(a)(1) allows a deduction for a charitable contribution made during the taxable year. Generally, section 170(f)(3) does not permit a deduction for a charitable gift of property consisting of less than the donor’s entire interest in that property. An exception applies in the case of a “qualified conservation contribution.” See sec. 170(f)(3)(B)(iii). A contribution of real property may constitute a qualified conservation contribution if: (1) The real property is a “qualified real property interest”; (2) the donee is a “qualifiedPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011