Safe Harbors for Easement Deeds: Technical Battles Will Persist




The IRS has been using claims of “technical” problems as its primary weapon in attacking conservation easement donations. This often means identifying shortcomings with Deeds. In an effort to eliminate tax disputes centered on technicalities and get focused on valuation instead, groups have been asking the IRS to issue guidance for years. The IRS did not react until Congress recently forced it to do so. The IRS, pursuant to a congressional mandate, released Notice 2023-30. This article explains the main aspects of the new easement law, two relevant easement clauses, history of prior requests for a model Deed, and the narrow content of Notice 2023-30.

Read the full article here.

About Hale E. Sheppard
HALE E. SHEPPARD, Esq. (B.S., M.A., J.D., LL.M., LL.M.T.) is a Shareholder in the Tax Controversy Section of Chamberlain Hrdlicka and Chair of the International Tax Group.

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