Averyt, et al. v. Comr., T.C. Memo. 2012-198

(petitioners, via their LLC, donated permanent conservation easement on approximately 1,700 acres of LLC land to Wetlands America Trust (WAT) (a tax-exempt organization founded in 1985 to expand mission of Ducks Unlimited); deed transferring property specified that "both parties have as a common purpose the conservation and protection in perpetuity of the property as a relatively natural habitat under Code Sec. 170(h)(4)(A)(ii) and regs"; deed also specified that the transfer granted to WAT affirmative rights for the protection of the protected property and was intended to be a "qualified conservation contribution" under I.R.C. Sec. 170(h)(2)(C); deed also recited that LLC freely and unconditionally donated to WAT, and its successors and assigns, the easement over the protected property, which was to run with the land and protect the property in perpetuity; WAT did not send donor acknowledgement letters to LLC members (the LLC passed the donation through to the members), but letters not necessary because deed contained recitations of property's conservation value, specified that there were no other values involved, stated that the gift was unconditional, and stated that the deed was the entire agreement between the parties regarding the conservation easement; deed satisfied I.R.C. Sec. 170(f)(8) substantiation requirement).