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Tax Court Cases: Overview

The United States Tax Court (and, in one case, US District Court) has decided a series of cases regarding historic preservation easement donations. This list of cases below may not cover all court decisions on the topic cases, especially because new decisions continue to emerge. Capitol Historic Trust makes no warranty about the completeness or accuracy of this list; a legal or tax professional should be consulted for that purpose.

Cases Decided 1985-1990:
Between 1985 and 1990, five cases were heard in Tax Court regarding historic preservation easements donations, with the issues centered on easement valuations. The taxpayer prevailed in each case, with the Tax Court upholding valuations of between 10% and 33% for the easements at issue. Those cases are listed here, and the full text of the decisions is available as a PDF document below:

  • Hilborn v. Commissioner, 85 T.C. 677 (1985)
  • Nicoladis v. Commissioner, T.C. Memo 1988-163 (1988)
  • Griffin v. Commissioner, T.C. Memo 1989-130 (1988)
  • Losch v. Commissioner, T.C. Memo 1988-230 (1988)
  • Dorsey v. Commissioner, T.C. Memo 1990-242 (1990)

Cases Decided 2008 to Present:
The Tax Court (and District Court in one case) started in 2008 to decide a new round of cases involving historic preservation easements. Those cases are listed here, and the full text of the decisions is available as a PDF document below:

  • Whitehouse v. Commissioner, 131 T.C. 10 (2008)
  • Herman v. Commissioner, T.C. Memo 2009-205 (2009)
  • Simmons v. Commissioner, T.C. Memo 2009-208 (2009)
  • Schiedelman v. Commissioner, Docket No. 15171-08 (March 30, 2009)
  • Bruzewicz v. United States, Docket No. 07 C 4074 (March 25, 2009)
  • Kaufman v. Commissioner, 134 T.C. 9, Docket No. 15997-09 (April 26, 2010)
  • Evans v. Commissioner, T.C. Memo 2010-207 (2010)
  • Lord v. Commissioner, T.C. Memo 2010-196 (2010)
  • Schrimsher v. Commissioner, T.C. Memo 2011-71 (2011)
  • 1982 East LLC v. Commissioner, T.C. Memo 2011-84 (2011)

"Tax Court Cases" section updated May 2011

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    Hilborn v. Commissioner


    Hilborn v. Commissioner
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    Nicoladis v. Commissioner


    Nicoladis v. Commissioner
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    Griffin v. Commissioner


    Griffin v. Commissioner
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    Losch v. Commissioner


    Losch v. Commissioner
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    Dorsey v. Commissioner


    Dorsey v. Commissioner
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    Whitehouse v. Commissioner


    Whitehouse v. Commissioner
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    Herman v. Commissioner



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    Simmons v. Commissioner


    Simmons v. Commissioner
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    Schiedelman v. Commissioner


    Schiedelman v. Commissioner
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    Bruzewicz v. United States (District Court)


    Bruzewicz v. United States
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    Kaufman v. Commissioner


    Kaufman v. Commissioner
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    Evans v. Commissioner


    Evans v. Commissioner
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    Lord v. Commissioner


    Lord v. Commissioner
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    Schrimsher v. Commissioner


    Schrimsher v. Commissioner
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    1982 East LLC v. Commissioner


    1982 East LLC v. Commissioner
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