Wendell Falls Development, LLC v. Commissioner

Tax Court, 2018 T.C. Memo 45, April 4, 2018: Easement increases value of taxpayer’s land; no deduction allowed.

The court decided that donation of a conservation easement restricting 125 acres within a proposed 1,280 acre residential development created a substantial benefit to the taxpayer in the value or utility of the taxpayer’s remaining land, and such benefit [...]

Atkinson v Commissioner

U.S. Tax Court, T.C. Memo 2015-236, December 9, 2015: Golf course conservation easement doesn’t qualify for deduction.

The Tax Court held that contribution of certain conservation easements on land at the subject golf course do not qualify for a Federal income tax charitable deduction because they do not meet the conservation purposes requirement of the tax Code, [...]

Belk v. Commissioner (Belk III)

US Court of Appeals, Fourth Circuit, No. 13-2161, December 16, 2014: Allowing property swap disqualifies conservation easement deduction.

The court upheld the Tax Court ruling in Belk v. Commissioner, 140 T.C. No. 1 (2013) (Belk I), that a conservation easement that allows the parties to change which property is subject to the easement does not qualify for [...]



North Carolina Court of Appeals, No. COA13-1447, August 19, 2014: property not wholly and exclusively used for educational or scientific purposes subject to property taxes

The court accepted findings of substantial retail and commercial activity on the property, including profit from retail sales in excess of [...]

Belk v. Commissioner (Belk II)

US Tax Court, T.C. Memo. 2013-154,June 19, 2013: Reaffirms Belk I, denying tax deduction for conservation easement that allows substitution of entire property.

In Belk v. Commissioner, 140 T.C. 1 (Jan. 28, 2013) (“Belk I”), the Tax Court found that the Belk conservation easement permits the grantor and grantee, by agreement and subject to certain restrictions, [...]

Belk v. Commissioner

US Tax Court, 140 T.C. No. 1, January 28, 2013: Conservation easement with swap provision does not protect property in perpetuity; deduction denied.

At issue was the IRS’s denial of a “qualified conservation contribution” tax deduction for donation of a conservation easement on 184.627 acres of a golf course to Smoky Mountain National Land Trust. The legal [...]

USDA: $175M in Funding for Wetlands Reserve Program

USDA announced May 14, 2010, that $175 million in funding is available for the Natural Resources Conservation Service’s Wetlands Reserve Program. USDA says that funding will add 75,000 additional acres to the approximately 2.2 million acres currently enrolled in the program. The funding will go to wetland conservation projects in Alabama, Arkansas, California, Florida, Georgia, Indiana, [...]