Conservation Easement

The Conservation Easement group at Sirote has extensive experience in all areas of conservation easement planning and controversy.  We represent taxpayers who have been granted conservation easements in disputes with the Internal Revenue Service, including representation at all levels of the review and appeals process, and, if necessary, in Tax Court.
 
The conservation easement practice group has the knowledge to identify and resolve potential issues related to conservation easements before they develop into costly and time consuming problems. 

The Sirote Conservation Easement Practice Group recently litigated and won a seminal case in the United States Tax Court concerning conservation easements.* The easement was donated by Kiva Dunes Conservation, LLC for the purpose of preserving wildlife habitat and open space vistas.  The Tax Court found in favor of the taxpayer on all major issues, including that the taxpayer was entitled to a charitable deduction in the amount of $28.7 Million for the contribution.  The amount of the deduction represented an extremely uncharacteristic 94-Percent of the value claimed by the Taxpayer, whereas the Internal Revenue Service had claimed the taxpayer was not entitled to any deduction.  The case is the first of its kind to be litigated, and sets a great precedent for taxpayers.  Click here for a copy of the complete press release regarding this case and click here for the opinion of the Tax Court.

*Kiva Dunes Conservation LLC v. Commissioner, T.C. Memo. 2009-145 (June 22, 2009)

Our People