Court of Appeals of Colorado, Division A, No. 11CA2634, March 15, 2012: Resolution of litigation regarding Colorado conservation easement tax credits between Dept. of Revenue and the original donor of the easement as tax matters representative is binding on transferees of the CE credits; transferees are not necessary parties to such disputes and need not be [...]
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Colo. Court of Appeals, Div. A, No. 11CA2634, February 2, 2012: Grants request for interlocutory appeal of four issues of law of first impression in Colorado regarding tax treatment of purchase of conservation easement tax credits. A later opinion will address the merits. In the case at trial, the plaintiffs collectively donated fourteen conservation easements over two [...] US Tax Court, T.C. Memo. 2012-1, January 3, 2012: Colorado conservation easement extinguishable by mutual consent of the parties does not guarantee protection in perpetuity under state law as required by Internal Revenue Code. Petitioners (Carpenter) sought a federal qualified conservation contribution tax deduction for a conservation easement granted to a charitable nonprofit that the IRS agreed [...] Court of Appeals of Colorado, Division VII, No. 10CA1006, August 18, 2011: Affirms district court order requiring state to disclose records about an investigation of conservation easements appraisals used to obtain Colorado tax credits. The Colorado Division of Real Estate and the Board of Real Estate Appraisers (collectively the Board), in connection with a statewide investigation of [...] US Tax Court, T.C. Memo. 2011-109, May 23, 2011: Follows the holding in Tempel v. Commissioner (US Tax Court, 136 T.C. No. 15, April 5, 2011), that Colorado State conservation easement tax credits are capital assets that qualify for capital gain treatment and the holding period for the assets sold begins at the time that the [...] US Tax Court, 136 T.C. No. 15, April 5, 2011: Holds transferable Colorado conservation easement tax credits are a capital asset, but the transaction costs to establish the easement are not basis of the asset, and asset holding period began only when the easement donation was complete and the credits were granted by the state. The Petitioner, [...] The US Supreme Court denied certiorari January 10 in the case of Rocky Mountain Christian Church v Boulder County (reported here on May 25, 2010), a case decided by the United States Court Of Appeals Tenth Circuit, No. 09-1188, May 17, 2010, involving claims under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). [...] T.C. Memo. 2010-283; No. 14374-08, December 27, 2010: Tax Court creates its own appraisal of the value of a conservation easement using the before-and-after method; considers evidence of lot sales after the date the easement was donated.
The taxpayer argued that only the comparable sales appraisal method could be used because data on sales of comparables conservation [...] United States Court Of Appeals Tenth Circuit, No. 09-1188, May 17, 2010 Colorado Court Of Appeals The court affirmed a summary judgment finding that a trail easement to the City that forbids public trail access “until such time as” a community cabin is built on land of the grantor outside the easement area neither gives the City the right to build the cabin nor implies an obligation [...] by Janet Urquhart, The Aspen Times Saturday, February 13, 2010 “ASPEN — Colorado is poised to clamp down on how much tax revenue it is willing to forego to facilitate the conservation of land, and the move is getting close scrutiny from both the Aspen Valley Land Trust and the Pitkin County Open Space and Trails [...] |
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