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Keeping The Perpetual In Florida's Conservation Easements, Nancy Mclaughlin
Keeping The Perpetual In Florida's Conservation Easements, Nancy Mclaughlin
Utah Law Faculty Scholarship
Hundreds of millions of dollars are being invested in the protection of the Florida Wildlife Corridor and other environmentally sensitive lands. One of the primary tools being used to accomplish this protection is the perpetual conservation easement, which is touted to landowners and the public as providing a permanent guarantee that the subject lands will never be developed. There is a very real danger, however, that perpetual conservation easements in Florida may not, in fact, be perpetual, and that the protections put in place today will vanish over time—along with the public funds invested therein—as government and nonprofit holders “release” …
Amendment Clauses In Easements: Ensuring Protection In Perpetuity, Nancy Mclaughlin
Amendment Clauses In Easements: Ensuring Protection In Perpetuity, Nancy Mclaughlin
Utah Law Faculty Scholarship
Internal Revenue Code § 170(h)(5)(A) requires that the conservation purpose of a deductible conservation easement be “protected in perpetuity.” This article explains how the protected-in-perpetuity requirement should limit the parties’ ability to reserve the right to make post-donation changes to the terms of a deductible easement.
Second Amici Curiae Brief Of Law Professors Et Al., Pine Mountain Preserve, Llp V. Commissioner, Filed In The U.S. Court Of Appeals For The Eleventh Circuit, Nancy Mclaughlin
Second Amici Curiae Brief Of Law Professors Et Al., Pine Mountain Preserve, Llp V. Commissioner, Filed In The U.S. Court Of Appeals For The Eleventh Circuit, Nancy Mclaughlin
Utah Law Faculty Scholarship
Second Amici Curiae Brief of Law Professors et al., filed in support of the government in the U.S. Court of Appeals for the Eleventh Circuit in Pine Mountain Preserve, LLP v. Commissioner, on appeal from U.S Tax Court No. 8956-13, 151 T.C. 247 (2018).
Amici Curiae Brief Of Law Professors Et Al., Pine Mountain Preserve, Llp V. Commissioner, Filed In The U.S. Court Of Appeals For The Eleventh Circuit, Nancy Mclaughlin
Amici Curiae Brief Of Law Professors Et Al., Pine Mountain Preserve, Llp V. Commissioner, Filed In The U.S. Court Of Appeals For The Eleventh Circuit, Nancy Mclaughlin
Utah Law Faculty Scholarship
Amici Curiae Brief of Law Professors et al., filed in support of the government in the U.S. Court of Appeals for the Eleventh Circuit in Pine Mountain Preserve, LLP v. Commissioner, on appeal from U.S Tax Court No. 8956-13, 151 T.C. 247 (2018).
Aba Rpte Conservation Easement Task Force Report: Recommendations Regarding Conservation Easements And Federal Tax Law, W. William Weeks, Turney Berry, Jonathan G. Blattmachr, Jason E. Havens, Nancy A. Mclaughlin, James Slaton, Steve Swartz, Philip Tabas
Aba Rpte Conservation Easement Task Force Report: Recommendations Regarding Conservation Easements And Federal Tax Law, W. William Weeks, Turney Berry, Jonathan G. Blattmachr, Jason E. Havens, Nancy A. Mclaughlin, James Slaton, Steve Swartz, Philip Tabas
Utah Law Faculty Scholarship
In October 2015, the American Bar Association’s Real Property, Trust and Estate Law (RPTE) section convened a Conservation Easement Task Force. The objective of the Task Force was to provide recommendations regarding federal tax law as it relates to conservation easements. This Report is the culmination of the Task Force’s work.
Part I of the Report is an Executive Summary of the Task Force’s recommendations. Part II provides the background necessary to understand the Task Force’s recommendations. Part III briefly sets forth the Task Force’s comments on the Tax Cuts and Jobs Act of 2017 as it relates to charitable …
Uniform Conservation Easement Act Study Committee Background Report, Nancy Mclaughlin
Uniform Conservation Easement Act Study Committee Background Report, Nancy Mclaughlin
Utah Law Faculty Scholarship
This report was prepared by Nancy A. McLaughlin, Robert W. Swenson Professor of Law at the University of Utah S.J. Quinney College of Law, in her role as Reporter for the Uniform Law Commission's Uniform Conservation Easement Act Study Committee. The report provides an overview of the Uniform Conservation Easement Act (UCEA), which was approved by the Commission in 1981, and examines the provisions in individual state conservation easement enabling statutes that differ from the provisions in the UCEA.
Tax-Deductible Conservation Easements And The Essential Perpetuity Requirements, Nancy Mclaughlin
Tax-Deductible Conservation Easements And The Essential Perpetuity Requirements, Nancy Mclaughlin
Utah Law Faculty Scholarship
Property owners who make charitable gifts of perpetual conservation easements are eligible to claim federal charitable income tax deductions. Through this tax-incentive program the public is investing billions of dollars in easements encumbering millions of acres nationwide. In response to reports of abuse in the early 2000s, the Internal Revenue Service (Service) began auditing and litigating questionable easement donation transactions, and the resulting case law reveals significant failures to comply with the deduction’s requirements. Recently, the Service has come under fire for enforcing the deduction’s “perpetuity” requirements, which are intended to ensure that the easements will protect the subject properties’ …