Scheidelman & Perry v Commissioner of Internal Revenue

United States Tax Court, no. 15171-08, July 14, 2010: Holds (a) a mandatory cash payment by taxpayers to a façade easement grantee was not a “contribution or gift” under Income Tax Regulation 1.170A because taxpayers did not sustain their burden of proving either that the payment was not made as a quid pro or, if they [...]

Massachusetts Historic Rehab Tax Credit Extended to 2017

The FY 2011 Massachusetts state budget amends the state’s Historic Rehabilitation Tax Credit, previously set to expire in 2011, to sunset 12/31/2017. According to the Massachusetts Historical Commission website, “Under the program a certified rehabilitation project on an income-producing property is eligible to receive up to 20% of the cost of certified rehabilitation expenditures in state [...]

Ely v City Council of The City of Ames

Iowa Court of Appeals of Iowa, No. 0-317 / 09-1424, June 30, 2010: Upholds a trial court decision that a historic landmark zoning designation of property adjacent to the appellant’s property did not did not violate constitutional due process or equal protection clauses and was not illegal spot zoning. The City Council rezoned the individual [...]

IN RE STAHL YORK AVENUE COMPANY LLC v THE CITY OF NEW YORK

Appellate Division Of The Supreme Court Of New York, First Department, no. 107666/07, 2119, June 24, 2010: Upheld the City’s designation of landmark status to two buildings of the “First Avenue Estate” that the City had previously excluded when adjacent buildings where designated as landmarks. The petitioner challenged the City’s turnaround as arbitrary and capricious, [...]

In The Matter Of The Petition Of The University Cottage Club Of Princeton

Superior Court of New Jersey, Appellate Division, No. A-2391-08T2, June 25, 2010: A 2007 legislative amendment retroactively increasing the number of days of public access required for a certified historic site to get a tax exemption was upheld as applicable to the petitioner Cottage Club despite an earlier NJ Supreme Court order. At issue was whether [...]