Scheidelman v. Commissioner of Internal Revenue, No. 10-3587 (2d Cir. 2012)Annotate this Case
Taxpayer appealed a decision of the Tax Court that disallowed her deduction for donating a "facade conservation easement" to the National Architectural Trust on the ground that there was no "qualified appraisal" within the meaning of Treasury Regulation 1.170A-13(c)(3). The court concluded that the Trust's agreement to accept the gift of the easement was not a transfer of anything of value to the taxpayer and thus did not constitute a quid pro quo for the gift of the cash. The court also concluded that the appraisal satisfied the regulatory specifications and vacated the Tax Court's judgment, remanding for further proceedings.