Boilerplate language problematic in Tax Court opinion

BVWireIssue #103-1
April 6, 2011

Lance Hall (FMV Opinions) just reviewed the recent Tax Court opinion Schrimsher v. Commissioner (T.C. Memo. 2011-71), in which a primary issue concerned unusual language within the agreement between the taxpayer and a nonprofit organization.  In his article Dotting the i’s and Crossing the t’s” Hall writes:

While it remains uncertain as to whether the Taxpayer could have sustained their determination of value, the Taxpayer did not get that opportunity because of poorly written language that failed to satisfy the strict and exacting requirements of section 170.  When dealing with conservation easement donations, “dotting your i’s and crossing your t’s” is critical.

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