WHITEHOUSE HOTEL LTD. PARTNERSHIP v. C.I.R.

No. 09-60085.

615 F.3d 321 (2010)

WHITEHOUSE HOTEL LIMITED PARTNERSHIP; QHR Holdings-New Orleans Limited, Tax Matters Partner, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 10, 2010.


Attorney(s) appearing for the Case

Gary J. Elkins (argued), Yvonne Chalker, Elkins, P.L.C., Andrew Lewis Kramer, New Orleans, LA, for Petitioners-Appellants.

Bethany Buck Hauser (argued), Dept. of Justice, Kenneth L. Greene, Nathan J. Hochman, Dept. of Justice, Tax Div., Appellate Section, Washington, DC, Robert R. Di Trolio, John DiCicco, Clarissa C. Potter, Washington, DC, for Respondent-Appellee.

Elizabeth Sherrill Merritt, Washington, DC, for Nat. Trust for Historic Preservation in U.S., Amicus Curiae.

Before BARKSDALE, GARZA and DENNIS, Circuit Judges.


RHESA HAWKINS BARKSDALE, Circuit Judge:

This appeal by Whitehouse Hotel Limited Partnership, a Louisiana limited partnership, concerns the allowable amount for its claimed $7.445 million charitable-contribution deduction for its donation, in 1997, of a historic-preservation facade easement. The easement burdens the Maison Blanche building, owned by Whitehouse and located in New Orleans. In tax court, Whitehouse challenged the Commissioner of Internal Revenue's decision...

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