Will Regulations Prevent Litigation? An Analysis of The U.S. Treasury Departments 2017 Revenue Proposals Concerning Conservation Easment Deductions

This article examines the Treasury’s 2017 proposals refining Section 170(h). This article assesses the likely effects of the Treasury’s proposals by discussing their impact in four key ways: (1) the new requirements placed on “qualified organizations” who receive conservation easement contributions; (2) donors’ increased substantiation requirements; (3) the exclusion of golf courses from Section 170(h) eligibility; and (4) the pilot conservation easement tax credit program. For each of these, this article will: examine the category’s current Section 170(h) regulatory treatment, if any, outline what the new proposals require, and then walk through the likely effects of these proposals. This article argues that the most efficient regulatory approach available to the Treasury is to ban golf courses from Section 170(h) eligibility and leave all other current regulatory requirements on “qualified organizations” and donors the same to continue to encourage conservation easement donations.