- 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   NextLast modified: May 25, 2011