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IRS Cracking Down On Easement Donation Syndications

IRS Cracking Down On Easement Donation Syndications

Given the high value of the castles in the air that some appraisers can conjure, you can see that ultimately the owners of property have much more in the way of potential tax benefit than they can use themselves even with the generous 50% adjusted gross income limitation and 15 year carryover.  That’s where syndication comes in.

A year or so ago, thanks to all I have written about conservation easements, I received a call from someone who was promoting the syndication of conservation easements.  In order for it to work I figured that one of three things had to be going on.  There was fast and loose playing with Code Section 704, which concerns how you allocate income and losses among partners, property was being acquired from very dumb people or they were, you know, fibbing about the valuation.  I think the proportions may vary, but that the third element, the valuations, tends to predominate.  At least that is what the IRS is implying.

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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.