A deep (and refreshing) breath

Deep breathing in times of stress can slow heartbeats and lower blood pressure. But when a federal court instructs you to take a "deep breath," what is your mind and body to do?

In the recent case Pine Mountain Preserve v. Commissioner, the Eleventh Circuit advised conscious breathing. So everyone took a deep breath, including the court, who then simplified the complicated tax regulations and analyses, making them accessible concepts. And even better, to reduce the stress, the court's analysis completely tracked arguments that the Land Trust Alliance had made.

And what was all the stress about? The IRS had challenged an easement and its charitable deduction based on two main questions: first, does a sound amendment clause disqualify an easement deduction, and second, can a land trust and landowner designate build areas but move them later. The IRS had taken the position that any amendment clause automatically disallowed the deduction and build areas cannot be moved — even when the land trust's approval is required.

Advocating for land trusts and sound land conservation, the Alliance opposed the IRS' positions and argued for including a principled amendment clause, allowing flexibility in build areas in order to protect conservation values in perpetuity. The court agreed and even acknowledged the deference Congress intended for land trusts, recognizing that land trusts are in the best position to make these decisions.

Questions remain about the permitted extent, use, size and location of build areas and the full impact of this case, which was sent back to Tax Court for a revised opinion. The Alliance will continue to represent land trusts' interests in court to bring clarity to the situation. In the meantime, we drafted practical suggestions for land trusts on amendments) and building areas as part of our Practical Pointers.

More will come from the IRS and the courts, but for the moment, we can take a deep breath and then let go a sigh of relief. Enjoy the moment. It was a great win for land trusts and land conservation.