HOFFMAN PROP. v. COMMISSIONER OF INTERNAL REVENUE

No. 19-1831.

956 F.3d 832 (2020)

HOFFMAN PROPERTIES II, LP; Five M Acq I, LLC, Tax Matters Partner, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 14, 2020.


Attorney(s) appearing for the Case

ON BRIEF: George M. Clarke III , Vivek A. Patel , Brandon M. King , BAKER & MCKENZIE LLP, Washington, D.C., for Appellants. Jacob Christensen , Ivan C. Dale , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee.

Before: GUY, THAPAR, and BUSH, Circuit Judges.


OPINION

Forever is a really long time—no less so in tax law. The Internal Revenue Code requires that certain donations be "protected in perpetuity" for the donor to receive a tax deduction. I.R.C. § 170(h)(5)(A). The question here is whether a donation satisfies this requirement when it empowers the donor...

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