In Comm. v. Simmons, Court approves charitable deduction for donation of conservation easements on building facades

In Comm. v. Simmons, (CA DC 6/21/2011) 107 AFTR 2d ¶ 2011-966, the Court of Appeals for the District of Columbia Circuit, affirming the Tax Court, has held that a taxpayer was entitled to charitable contribution deductions for her donation of conservation easements on the facades of two buildings located in a historic district. The Court rejected IRS’s contention that her contribution wasn’t exclusively for conservation purposes, as required by Code Sec. 170(h)(1)(C), and that she failed to obtain qualified appraisals under Reg. § 1.170A-13(c)(3)(ii).

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