Trying To Get IRS To Shut Up About Conservation Easement Litigation
For purposes of section 6103 of the Code, a disclosure that does not name Mr. Clark still identifies him if it contains information that, combined with other information available at the time of the disclosure or that becomes available subsequently, permits persons generally knowledgeable with the relevant transactions and industry to identify Mr. Clark.
IRS Hangs Tough On Conservation Easements
What would be really equitable would be for the IRS to allow donors and land trusts to retroactively fix documents that fail the requirement. The abusive syndicated conservations easements deserve to be crushed, but it should not be at the expense of legitimate deals.
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Over and over again courts have said that there is nothing sinister in so arranging one’s affairs as to keep taxes as low as possible. Everybody does so, rich or poor; and all do right, for nobody owes any public duty to pay more than the law demands: taxes are enforced exactions, not voluntary contributions. To demand more in the name of morals is mere cant.