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Tax controversy · Abusive transactions

If a deal promises deductions bigger than your investment, the IRS is already watching.

Promoters sell partnership interests that pass large charitable deductions through on a K-1, often four or five times the cash invested, backed by an appraisal. The IRS lists many of these as abusive. When the deduction is disallowed, the investor pays the tax, interest and penalties, not the promoter.

Forms & standards
IRS Notice 2017-10IRC § 170(h)(7)IRC § 6662(h)IRC § 6707AIRC §§ 6221–6241Form 8886

Serving United States, Virginia, Washington, DC, Maryland.

What we handle

Why a K-1 does not protect you

In a syndicated conservation easement or similar donation scheme, investors buy into a partnership that donates an easement or property and reports a charitable deduction based on an inflated appraisal. The deduction reaches each investor on a Schedule K-1. Notice 2017-10 made these listed transactions, and section 170(h)(7), added in 2022, generally disallows partnership easement deductions above 2.5 times the partners' basis. The IRS also warns about overvalued art and property donations, abusive charitable remainder trusts and similar arrangements on its Dirty Dozen list.

A K-1 reports what the partnership claims, not what the law allows. Under the centralized partnership audit rules, the IRS adjusts the deduction at the partnership level and the investors bear the result. Gross valuation misstatement penalties under section 6662(h) are 40%, investors must disclose listed transactions on Form 8886 or face section 6707A penalties, and courts generally reject reliance on advice from the promoter as reasonable cause.

Speak with an advisor
  • Pre-investment reviewIndependent review of a promoted deal before you invest.
  • Exposure analysisEstimating tax, interest and penalties on deductions already claimed.
  • DisclosureForm 8886 filings and correcting prior returns.
  • IRS settlement initiativesEvaluating IRS settlement offers for listed transactions.
  • Audit and appealsRepresentation in partnership-level and investor-level proceedings.
  • Penalty defenseReasonable cause analysis and penalty mitigation.

Where we help

Court decisions and rules

2022

Oakbrook Land Holdings v. Commissioner, 28 F.4th 700 (6th Cir.)

Upheld the IRS proceeds regulation and denied a conservation easement deduction that failed the perpetuity requirement.

2017

Kollsman v. Commissioner, T.C. Memo. 2017-40, aff'd (9th Cir. 2019)

The Tax Court rejected the donor's appraisal of donated paintings and allowed a much lower value.

2000

Neonatology Associates v. Commissioner, 115 T.C. 43, aff'd (3d Cir. 2002)

Reliance on advice from a promoter with a conflict of interest was not reasonable cause, so penalties applied.

Statute

IRC § 6662(h)

A 40% penalty for gross valuation misstatements, with very limited reasonable cause relief for charitable property.

Our approach

How the engagement runs.

Review

A senior advisor reviews your facts and documents.

Plan

Scope, fees and timeline in an engagement letter.

File

Returns, elections and forms prepared and reviewed.

Support

IRS contact and planning all year.

Questions

Frequently asked

If your question isn't here, call (703) 880-8412 and you'll reach a person.

The K-1 shows a charitable deduction. Am I protected because the partnership claimed it?

No. If the IRS disallows the deduction at the partnership level, each investor owes the resulting tax, interest and often penalties. The promoter's appraisal and opinion letters usually do not protect investors.

I already claimed a syndicated easement deduction. What should I do?

Have an independent advisor review the deal, confirm Form 8886 disclosure was made and evaluate amending, any IRS settlement initiative and your penalty exposure before the IRS contacts you.

How do I spot a scheme before investing?

Warning signs include deductions several times the cash invested, short holding periods, appraisals arranged by the promoter and marketing aimed at year-end tax savings.

Are legitimate conservation easements still allowed?

Yes. Donations that meet the perpetuity, valuation and appraisal rules remain deductible. The problem is inflated, promoted deals.

Latest updates

IRS & federal tax

All IRS & federal tax updates
Nov 5, 2026IRS & federal tax

IRS releases 2027 inflation adjustments (Rev. Proc. 2026-35)

For 2027 the joint-return standard deduction rises to $33,200, the estate tax basic exclusion to $15,480,000, the annual gift exclusion to $20,000 and the Section 179 expensing limit to $2,640,000. Our advisors recommend revisiting year-end gifting and equipment purchase plans with these figures in mind.

Source: IRS (IR-2026-133)

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