IRS Takes Uncharitable View Of Property Donation Deductions

By Ronald Levitt and Tucker Thoni (August 22, 2018, 4:12 PM EDT) -- Deductions of charitable contributions of real property, especially conservation easements, have lately been squarely within the crosshairs of the IRS. During an audit, the IRS will carefully scrutinize anything of value arguably received by the donor in conjunction with making the charitable contribution of property. The thing of value could be property, cash, enhancement to the taxpayer's other property, city council approval, quid pro quo consideration or another substantial benefit. If the donor receives something of value, the IRS contends that the taxpayer lacked the donative intent to make a charitable contribution and instead was a purchaser of whatever it received in the transaction[1] or that the benefit received was worth more than the property contributed....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!