- 26 - Accordingly, petitioners have not satisfied the open space requirement of section 170(h). (2) Historic Preservation We now consider whether petitioners satisfied the third requirement by showing that their contribution comes within the historic preservation requirement of section 170(h). The historic preservation requirement may be met by showing the preservation of a “historically important land area” or “certified historic structure”. The legislative history underlying this aspect of the statute describes a “historically important land area” as one that is important in its own right or in relation to “historic structures”: The term “historically important land area” is intended to include independently significant land areas (for example, a civil war battlefield) and historic sites and related land areas, the physical or environmental features of which contribute to the historic or cultural importance and continuing integrity of certified historic structures such as Mount Vernon, or historic districts, such as Waterford, Virginia, or Harper’s Ferry, West Virginia. * * * [S. Rept. 96- 1007, supra at 12, 1980-2 C.B. at 605; emphasis added.] See also sec. 1.170A-14(d)(5), Income Tax Regs. Petitioners argue that limiting the development of the Grist Mill property promoted the preservation of the historic Grist Mill. On this point, petitioners reference the open floodplain,11 the “quiet and peaceful atmosphere” of limited 11Petitioners’ arguments with respect to giving up the right (continued...)Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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