Читать книгу The Tax Law of Charitable Giving - Bruce Hopkins R., Bruce R. Hopkins, David Middlebrook - Страница 96

As is the case with gifts of real property,⁶⁶ state law will determine the effective date of the contribution of an easement.⁶⁷ In one situation, a partnership purported to convey a conservation easement in 2004, claiming a $2.21 million charitable deduction. A court determined that, under state law, a conservation easement is effective only if it is duly recorded and indexed in the county where the land is situated. Consequently, because the easement transfer was not recorded until 2005, the court rejected the partnership's argument that the easement was contributed in 2004.⁶⁸

A court ruled that the gift of a facade easement to a qualified public charity, resulting in a claimed charitable deduction of $11.4 million, was not deductible because the charity was two years late in recording the deed of easement.⁶⁹ Under state law, the conservation easement did not have any legal effect until it was recorded. The court also held that this state of affairs violated the federal tax law requirement that the restricted gift be in perpetuity.⁷⁰