Tax Court In Brief | Champions Retreat Golf Founders, LLC v. Comm'r | Conservation Easement Valuation; Highest And Best Use; Battle Of Experts

• Published date: 24 October 2022
• Subject Matter: Tax, Income Tax, Tax Authorities
• Law Firm: Freeman Law
• Author: Freeman Law

The Tax Court in Brief - October 17th - October 21st, 2022

Freeman Law's "The Tax Court in Brief" covers every substantive Tax Court opinion, providing a weekly brief of its decisions in clear, concise prose.

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Tax Litigation: The Week of October 17th, 2022, through October 21st, 2022

• Yaguda v. Comm'r, T.C. Summary Opin. 2022-21 | October 20, 2022 | Panuthos, Special Trial J. | Dkt. No 19113-19S

Champions Retreat Golf Founders, LLC v. Comm'r, T.C. Memo. 2022-106 | October 17, 2022 | Pugh, J. | Dkt. No. 4868-15

Summary: This 43-page opinion is another lengthy chapter in over ten years of litigation regarding a charitable contribution deduction for the donation of a conservation easement given in 2010 by Champions Retreat to North American Land Trust (NALT) that covered about 348 acres of a private golf course designed by Gary Player, Arnold Palmer, and Jack Nicklaus. This opinion (we will call Champions III) supplements Champions Retreat Golf Founders, LLC v. Comm'r (Champions I), T.C. Memo. 2018-146, the latter of which was vacated and remanded by the U.S. Court of Appeals for the 11^th Circuit in Champions Retreat Golf Founders, LLC v. Comm'r (Champions II), 959 F.3d 1033 (11^th Cir. 2020). The focus of Champions III is the determination of the proper amount of the charitable deduction applicable to the charitable contribution, which required that the Tax Court value the conservation easement at the time of the donation.

Champions Retreat and the IRS's experts agreed that the before and after method applied. However, Champions Retreat claimed a $10,427,435 charitable contribution deduction on its Form 1065, U.S. Return of Partnership Income, for the 2010 taxable year, for its grant of the easement to NALT. Champions Retreat's claim was supported by an appraisal performed by Claud Clark III, which relied on the "before and after" method to value the easement. See Treas. Reg. ' 1.170A-14(h)(3)(i), (ii). Clark concluded that the highest and best use of the property unencumbered by the easement was as a residential subdivision. The IRS, on the other hand, engaged an expert real estate appraiser, David G. Pope, who concluded that the highest and best use of the property before and after the easement grant was the operation of the golf course. Pope opined that the fair market value of the conservation easement was $20,000.

Key Issues:

What is the "highest and best use" of the property in question?

Based on the "highest and best use" and evidence presented, what is the value of the conservation easement made the basis of the $10,427,435 charitable contribution deduction claimed by Champions Retreat?

Primary Holdings:

Siding with Champions Retreat, the Tax Court found that the highest and best use of the property before the easement...