Pine Mountain Preserve v. Commissioner – Charitable deductions for easements don’t pass muster

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Abstract: The donation of a conservation easement is a long-standing way for property owners to help satisfy their philanthropic urges while securing a valuable tax deduction. Those deductions, though, may be under threat after a recent ruling from the U.S. Tax Court. Conservation easements often reserve to the property donors future rights to construct structures and additions to those structures, such as single-family homes with sheds, garages or pools. Such easements usually don’t specify the precise location of that construction. This article reviews the new ruling, under which this common practice disqualified the donor from claiming a charitable contribution deduction for the easement. A short sidebar covers how the court valued the easement. Pine Mountain Preserve v. Comm’r, 151 T.C. No. 14 (2018); Pine Mountain Preserve v. Comm’r, T.C. Memo. 2018-214 (2018)