Eighth Circuit Agrees With Two Other Circuits That Failure to Obtain Subordination Before Donation Dooms Conservation Easement Deduction
In the case of RP Golf LLC v. Commissioner, Case No. 16-3277, CA8 the taxpayer was hoping the Eighth Circuit Court of Appeals would override the Tax Court’s ruling and go against two of its sister Circuits to find that a conservation easement deduction was not barred merely because a mortgage on the property was not subordinated to the rights of the charity prior to the date of the transfer.
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