Structuring and Defending Conservation Easements under IRC Section 170(h)
Section 170(h) of the Internal Revenue Code allows an income tax deduction to landowners of real estate who self-impose restrictions on the use and development of their land in order to achieve specified conservation purposes. This is accomplished by granting a conservation easement, permanently binding on the land, to a qualified 501(c)(3) organization or government agency. The IRS has been more closely scrutinizing and, in some instances, challenging conservation easements in recent years. Various issues in the creation and valuation of conservation easements have been litigated and more cases are pending. Nevertheless, Congress recently showed its support for the charitable donation of conservation easements by permanently approving enhanced income tax benefits. Conservation easements remain an important tax and estate planning tool and an effective, environmentally and socially valuable act of charity with substantial community benefits. In this Knowledge Group LIVE webcast, a panel of distinguished professionals will help you understand the most critical issues affecting the implementation and defense of conservation easements, which will include:
- Section 170(h) qualification fundamentals
- Pitfalls that can lead to disqualification of the deduction
- Hazards in drafting reservations of rights
- Assuring a qualified appraisal
- Avoiding quid pro quo problems of disallowance
- Selecting and developing good appraisal evidence
- Defending and trying conservation easement cases in audits and the U.S. Tax Court
The live webcast will provide tax and related professionals with a comprehensive overview of meeting the IRC Section 170(h) requirements along with the detailed regulatory rules. Attending this course will give you the tools you need to understand how to strengthen client’s conservation easements and minimize the risk of a negative result in the event of an IRS challenge.
Harry D. Shapiro, Partner
Saul Ewing LLP
George Asimos, Partner
Saul Ewing LLP
- Basics of conservation easement qualification … documentation …
W. Curtis Elliott, Jr., Partner
Culp Elliott & Carpenter, PLLC
- Appraisal issues
Joel N. Crouch, Managing Partner
Meadows, Collier, Reed, Cousins, Crouch & Ungerman, L.L.P.
- Defending easements and dealing with controversies
Who Should Attend:
- Real Estate Appraisers
- Project Managers for Qualified Non-Profit Land Conservation Trusts
Curtis Elliott is one of the leading tax litigators in the United States. He has over 30 years of experience litigating civil and criminal tax cases, including IRS audits and appeals, and grand jury proceedings. He has extensive courtroom trial experience in the U.S. Tax Court, the Federal District Courts and state courts. His tax advocacy has resolved some of the most complex, high stakes tax cases for clients. Mr. Elliott’s clients include Fortune 500 companies, entrepreneurial companies, estates and individuals. He works closely with co-counsel and CPA firms. Mr. Elliott is a Fellow in the American College of Tax Counsel, and is very active in the ABA Section of Taxation. He speaks at conferences across the country on tax dispute topics. Mr. Elliott also co-authored the nationally published treatise entitledValuation Practice in Estate Planning and Litigation (Clark Boardman Callahan, 1994).
Curtis Elliott is one of the leading tax litigators in the United States. He has over 30 years of experience …
Mr. Crouch is Managing Partner of Meadows, Collier, Reed, Cousins, Crouch & Ungerman, L.L.P. He represents a broad range of clients, including individual taxpayers, closely-held business enterprises, estates, corporations and tax advisors in all stages of federal civil and criminal tax proceedings. In almost 30 years of practice, he has helped his clients resolve hundreds of civil and criminal tax matters, many of which involved sophisticated and complex legal and tax issues, both domestic and international. Mr. Crouch is board certified in tax law by the Texas Board of Legal Specialization and has been recognized as one of the best in his field by Texas Monthly and Law and Politics Magazines by being named a Texas Super Lawyer from 2003 through 2015. He has also been named one of the Best Lawyers in Dallas by D Magazine for the year 2012-2015 and he has also been named to Best Lawyers in America for Tax Law in 2015. In October 2013, he was recognized as a Top Rated Lawyer in White Collar Criminal Defense Law by ALM as published in The American Lawyer, Corporate Counsel and The National Law Journal. He is a frequent speaker on both substantive and procedural tax issues for both legal and accounting professionals. Topics include Tax Shelter Defense, IRS Examinations, Appeals, Litigation and Collection Strategies, IRS Criminal Investigations, IRS Offshore Activities, IRS Focus on Tax Professionals, Employment Classification, IRS Penalties, and Litigating Partnership Tax Cases. Mr. Crouch has published various articles re: the IRS & tax procedures.
Mr. Crouch is Managing Partner of Meadows, Collier, Reed, Cousins, Crouch & Ungerman, L.L.P. He represents a broad range of …
Harry D. Shapiro is a partner with Saul Ewing LLP, where his practice focuses on taxation law, tax litigation and tax-exempt organizations and financing law. He has handled matters for multinational companies, non-U.S. corporations having U.S. businesses, pass-through entities, professional associations and wealthy individuals, as well as numerous tax-exempt organizations such as schools, hospitals, land trusts, public charities and private foundations and municipalities. Mr. Shapiro has been trying civil tax cases and arguing appeals all over the country for over 50 years. He is a former chair of the Saul Ewing Tax Practice, is a U.S. Justice Department Honor Law Graduate, has had the Super Lawyer designation since 2007, served 2 terms on the Maryland State Board of Education; and received the Chairman’s Award from the Baltimore Museum of Art and the Distinguished Alumni Award from the Brandeis School of Law. In addition to his federal tax focus, Mr. Shapiro has represented numerous multi-state and Maryland corporations in Maryland income tax, sales and use tax and property tax matters. He earned his B.S. degree from the University of Louisville and his J.D. degree from the University of Louisville, Brandeis School of Law. Mr. Shapiro is a member of the American Bar Association, Taxation Section; Maryland State Bar Association, Taxation Section; the District of Columbia Bar Association and the Kentucky Bar Association.
Harry D. Shapiro is a partner with Saul Ewing LLP, where his practice focuses on taxation law, tax litigation and …
George Asimos, Esq. is a partner in the law firm of Saul Ewing, LLP, working from their offices in Harrisburg, Chesterbrook and Philadelphia, Pennsylvania. His legal work extends to all aspects of real estate. He has participated in the negotiating and drafting of hundreds of conservation easements protecting more than 100,000 acres of land in more than a dozen states, representing both conservation organizations and landowners. He has been counsel to the North American Land Trust based in Chadds Ford, Pennsylvania since its founding in 1992. He has negotiated conservation easements with the U.S. Fish & Wildlife Service, the U.S. Army Corps of Engineers, Pheasants Forever, the Willistown Conservation Trust, the Brandywine Conservancy, the French & Pickering Creeks Conservation Trust, the Natural Lands Trust, Chester County, and various local governments. For eight years he was a member of the Environmental Committee of the Brandywine Conservancy. He is presently a member of the Policy Committee of the Pennsylvania Land Trust Association. He is also presently on the Board of the Pennsylvania Parks and Forests Foundation and of Chester County 2020. He is a regular speaker at events of the Pennsylvania Land Trust Association. He has also presented the subject of Conservation Easements for education programs of the Pennsylvania Bar Institute.
George Asimos, Esq. is a partner in the law firm of Saul Ewing, LLP, working from their offices in Harrisburg, …
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About Culp Elliott & Carpenter, PLLC
Culp Elliott & Carpenter, PLLC is a Charlotte, North Carolina tax law firm founded in 1982. It provides innovative tax, and legal solutions that create value for its clients, and helps clients achieve the most important goals in their businesses and lives. The Firm represents high-net-worth individuals, successful entrepreneurs, and corporate business clients. Firm members develop effective strategies to save on taxes, representing clients in the areas of estate planning, real estate and commercial transactions, mergers, acquisitions, restructuring and re-capitalizations. Firm members handle civil and criminal tax litigation, and trusts and estates litigation, at all levels of dispute, and represent clients in disputes with the Internal Revenue Service. The Firm serves clients throughout the Southeastern United States.
About Meadows, Collier, Reed, Cousins, Crouch & Ungerman, L.L.P.
Meadows, Collier, Reed, Cousins, Crouch & Ungerman, L.L.P. is a Dallas based law firm that has provided business, tax and regulatory solutions to individuals and corporate clients since 1983. Meadows Collier’s litigation practice focuses on defending clients in investigations, litigation and other civil, criminal and administrative controversies with governmental agencies, including disputed individual, partnership, corporate, and estate tax issues, and regulatory and enforcement agency investigations. The firm also practices in the areas of Real Estate, Corporate and Securities, and Commercial Litigation.
About Saul Ewing LLP
Saul Ewing LLP has 270 attorneys providing sophisticated legal services from offices in 11 locations along the East Coast. Our clients include regional, national and international businesses and nonprofits, individuals and entrepreneurs. The firm maintains offices in Philadelphia, Chesterbrook, Harrisburg and Pittsburgh, PA; Baltimore, MD; Boston, MA; Newark and Princeton, NJ; Wilmington, DE; Washington, D.C.; and New York, NY. The firm is led by a managing partner and Executive Committee, and supported by department chairs and office managing partners. In addition, Saul Ewing has a professional staff of more than 330 employees. Our attorneys employ a unique cross-practice and collaborative approach in client engagements, often working seamlessly from several of the firm's offices as one team. Saul Ewing's client services team approach ensures that the experience and talents of our attorneys are aligned with the needs of our clients.