McLaughlin ‘Very Pleased’ with 4th Circuit Decision Affirming that Swappable Conservation Easements Are Not Tax Deductible

Nancy McLaughlin, Professor of Law at the University of Utah S.J. Quinney College of Law, and four other law professors recently filed an amicus brief in support of the government and affirming the Tax Court’s ruling in the matter of Belk v. Commissioner.

The 4th Circuit subsequently issued a decision affirming the Tax Court, which had ruled that a conservation easement allowing the parties to agree to “swap” some or all of the original protected land from the easement in exchange for the protection of other land was not eligible for a federal charitable income tax deduction because it was not a “restriction (granted in perpetuity) on the use which may be made of the real property.”

McLaughlin said she was “very pleased” with the outcome.

Click here to read her blog post on the case.