Conservation Easements: Defending IRS Challenges, Overcoming Audits, Structuring Deed Language for Perpetuity
Best Practices for Practitioners Amid an Evolving Legal Landscape
Note: CPE credit is not offered on this program
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will address how to approach conservation easement donations, considering the significant recent judicial and legislative activity focused in this area, and offer practical guidance on overcoming IRS challenges once presented.
- Conservation easements overview
- Preserving the deduction through careful drafting
- Guidance for donor-landowners
- Guidance for donees
- Troublesome clauses
- Deemed consent provisions
- Proceeds clause
- Proceeds allocation formula
- Proceeds attributable to post-easement improvements
- Proceeds from third-party contracts
- Amendment clause
- Merger clause
- Reserve development sites
- Form 8283
- Case law and legislative developments
- Takeaways for practitioners
The panel will review these and other key issues:
- What are the most common methods of attack on easement deductions?
- What are the more troublesome agreement provisions for counsel preparing a sturdy conservation easement?
- What is the status of recent case law and legislative developments related to conservation easements and what can practitioners expect moving forward?
Anson H. Asbury, J.D., LL.M.
Founder and Principal
Asbury Law Firm
Mr. Asbury has represented clients in federal and state tax controversies, tax litigation, business tax planning and... | Read More
Mr. Asbury has represented clients in federal and state tax controversies, tax litigation, business tax planning and corporate organization for nearly 20 years. He has successfully defended over $500 million of federal income tax adjustments for his clients, ranging from individuals to Fortune 500 companies. Mr. Asbury has represented clients across the country in numerous docketed cases in the U.S. Tax Court, U.S. Court of Federal Claims, and U.S. District Courts. The substantive issues in those cases have included conservation easement donations, various listed transactions, net operating loss deductions, business expenses, alimony deductions, and foreign tax credits. He is a nationally recognized speaker, often appearing on panels alongside members of the U.S. Tax Court.Close
Brian Gardner, J.D., LL.M.
Asbury Law Firm
Mr. Gardner focuses his practice on tax controversy and litigation matters. He represents taxpayers in all phases of... | Read More
Mr. Gardner focuses his practice on tax controversy and litigation matters. He represents taxpayers in all phases of tax litigation including U.S. District Courts, U.S. Tax Court, United States Courts of Appeals, and the Georgia Tax Tribunal. Brian has extensive experience working with the IRS and the Georgia Department of Revenue in matters concerning, among other things, defense of conservation easements, passive activity losses, net operating losses, estate taxes, 831(b) captive insurance, promoter penalties, employment taxes, and international tax issues.Close
Gregory P. Rhodes
Mr. Rhodes is a shareholder in Dentons Sirote’s Birmingham, Alabama office, where he is a member of the Tax... | Read More
Mr. Rhodes is a shareholder in Dentons Sirote’s Birmingham, Alabama office, where he is a member of the Tax practice group and leads the Dentons Sirote Tax Controversy team. In his practice, he focuses on complex tax controversy and tax litigation work. Mr. Rhodes has successfully represented professional athletes, partnerships, corporations, and individuals as a first-chair trial attorney in high-stakes federal and local tax litigation throughout the country. He has also successfully handled complex tax cases in various United States Circuit Courts of Appeals. Mr. Rhodes is a former law school professor and remains a frequent lecturer and author on tax topics and is often interviewed and quoted by national publications.Close