Ezel / IRS Rulings / 201239008

CCA 201239008: CCA distinguishes contiguous-property and enhancement rules

Number
201239008
Outcome
Advice
Document type
Chief Counsel Advice
IRS subject
Qualified Conservation Contribution
Topics
Income and deductions
Code sections
§ 170
Ruling dated
July 19, 2012
Publicly released
September 28, 2012
Source
View Official PDF

Apply this to your situation

This page covers legal advice the IRS Office of Chief Counsel wrote for IRS staff, issued in 2012, which can't be cited as precedent. Ask about your situation and see what the current Code and IRS guidance say, with citations.

Currency note: this determination was released in 2012
Statutory amendments, regulation changes, court decisions, or later IRS guidance may have changed the analysis since then. Treat this page as historical context, not current tax advice. Verify current law before relying on any specific rule, threshold, or position mentioned here.
Not precedent. Under 26 U.S.C. § 6110(k)(3), this written determination may not be used or cited as precedent. It is advice from the IRS Office of Chief Counsel to IRS personnel on the facts they presented, and identifying details were redacted by the IRS before release. The official IRS release (linked on this page as a PDF) is the authoritative source.
About this page: The plain-English summary and ruling snapshot below were written by Ezel based on the official IRS release. The full text is the IRS's own document.
View official IRS release (PDF)

Plain-English summary

Chief Counsel advice addressed whether the enhancement rule should also apply when property is being valued under the contiguous-property rule for a conservation contribution. The advice stated that if valuation under the contiguous-property rule is appropriate, the enhancement rule should not also be applied to the same property.

Ruling snapshot

  • Question: Should the enhancement rule also apply to property already being valued under the contiguous-property rule?
  • Outcome: Advice
  • Key authorities: IRC § 170; Treas. Reg. § 1.170A-14(h)(3)(i)

Full text (IRS public release)

ID: CCA_2012071914260649 Number: 201239008
Release Date: 9/28/2012
Office: ----------------------------
UILC: 170.14-00

From: -------------------
Sent: Thursday, July 19, 2012 2:26:07 PM
To: -------------------
Cc: -----------------------------------
Subject: Contiguous/enhancement question

-----------

I understand that there is some confusion about whether the enhancement rule should be applied to property being valued under the contiguous property rule in Treas. Reg. § 1.170A-14(h)(3)(i). It should not. If valuation under the contiguous property rule is appropriate, the enhancement rule should not also be applied to the same property that is already being valued under the contiguous property rule.

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