Revised Analysis on Amending Mass. Restrictions Now Available

Amending Massachusetts Conservation and Preservation Restrictions 2017, now available,  is this year’s update of the detailed analysis of the law in Massachusetts about amending an existing conservation restriction or historic preservation restriction  and drafting the amendments provisions of a new restriction. Among the 2017 changes is an entirely revised section about the federal income tax deduction [...]

Palmolive Building Investors v. Commissioner

U.S. Tax Court, 149 T.C. No. 18, October 10, 2017: Outside 1st Circuit, full subordination of mortgagee’s right to insurance proceeds is required to qualify for charitable deduction.

Contrary to the ruling of the U.S. Court of Appeals for the 1st Circuit in Kaufman v. Shulman, 687 F.3d 21 (2012) (Kaufman III), the Tax Court holds in [...]

Smith v. Westfield

Mass. Supreme Judicial Court, SJC-12243, October 2, 2017: Recorded restriction not needed for MA park’s constitutional protection.

Massachusetts highest court (SJC) held that state Constitution Article 97 protects land as a public park where there is a clear and unequivocal intent to dedicate the land permanently as a public park and where the public accepts such use [...]