Graev v. Comr., 140 T.C. No. 17 (2013)

(charitable deduction denied for contribution of facade easement on historic property or corresponding cash donation; donation was to qualified charity, but letter existed which assured that cash contribution would be returned and eliminate the easement if IRS subsequently disallowed charitable deduction; letter rendered gift conditional and donation, therefore, no longer deductible because easement not protected in perpetuity as required by I.R.C. Sec. 170(h)(5)(A); possibility of disallowance by IRS not negligible given IRS scrutiny of such donations and claimed deductions).