IRS Easement Guidance Violated Admin. Law, Court Told

On Mar 14, 2022

By Theresa Schliep (March 14, 2022, 1:19 PM EDT) — The Internal Revenue Service violated notice-and-comment rules when it issued guidance requiring the disclosure of syndicated conservation easements to the agency, a real estate firm told an Ohio federal court in the latest IRS administrative law challenge.

Real estate firm GBX Associates asked a federal court to set aside an IRS notice that flags syndicated conservation easement transactions as potentially abusive. (AP Photo/J. David Ake)

The agency issued Notice 2017-10, which flags syndicated conservation easement transactions as potentially abusive and requires they be disclosed, without soliciting public feedback as required by the Administrative Procedure Act, GBX Associates LLC said in a…

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