5.0
247+ Google Reviews
5.0
247+ Google Reviews
5.0
247+ Google Reviews
Conservation easements were designed to provide tax incentives for conserving land. However, the IRS has been intensely scrutinizing syndicated conservation easements (SCEs) with a robust enforcement campaign. Given the current landscape, investors must understand their options and seek independent legal counsel.
If you are an investor and your CE deductions are denied, you could be on the hook to repay the deduction, along with a 40% accuracy penalty—on top of your initial investment. If you invested in a SCE, do the following as soon as possible.
The IRS has provided multiple avenues for settlement to resolve liabilities without prolonged litigation. Global Settlement Offers provide partners with deductions for the cost of investment and reduce penalties.
Docketed Settlement: If the case is in tax court, the partnership may receive a settlement offer that allows a deduction for your investment amount and a 10% penalty on any taxes owed. Partners are individually responsible for their respective shares of taxes, penalties and interest.
Non-Docketed Settlement: For cases still in the audit stage, the partnership may be offered a settlement that allows a deduction for your investment amount and a 5% penalty on any taxes owed. Additionally, the IRS charges and collects the tax against the partnership at a rate of 21%. All partners must agree to the settlement and pay their share into the partnership so that the partnership can pay the IRS directly.
Always make seeking out an attorney your first move. An attorney who does not represent your conservation easement partnership can serve as your independent advocate, advising you on your options and representing you in front of the IRS or Georgia DOR.
The Georgia Department of Revenue (GA DOR) has its own voluntary disclosure program for conservation easements to help you mitigate liability and avoid severe SCE-related penalties and resolve your tax issues. You do not need to have settled with the IRS first to participate. Under this special settlement program, individual partners can settle their state liability directly with the state rather than through the partnership. Under the program, partners only need to amend the last three years that they participated in an easement, and any tax liability outside of that three year lookback can be forgiven in full. This means eligible partners only pay the tax and interest on three years of their easement deals, even if the IRS is auditing for more than three years.
The IRS’s aggressive stance on SCEs can lead to substantial tax liabilities. Section 6603 refundable deposits allow investors to halt the accrual of interest (currently 7% annual, compounded daily) on potential liabilities while preserving the right to a refund if the dispute is resolved in their favor.
A conservation easement attorney can help you defend yourself from an audit, minimize penalties and interest, and get you back in good standing with the IRS or Georgia DOR.
Suffering from severe depression and alcoholism, our client did not file federal or Georgia income tax returns for 14 years. We submitted a Voluntary Disclosure Request, which permitted our client to file tax returns for the last three years and waived all late filing penalties. This saved our client $80,498 in Georgia. And, our Penalty Abatement Request with the IRS resulted in a savings of $210,475 in penalties.
John R - Saved $290,973
Our client was assessed $99,851 in unpaid sales taxes related to her ex-husband’s business. She was not involved with the business but was listed as an officer by her ex-husband, which caused the Georgia Department of Revenue to assess her personally for the unpaid sales tax. We filed a Georgia Offer in Compromise based on “doubt as to liability” for $720.00 and it was accepted, saving our client $99,131.00.
Karen S - Saved $99,131
Our client, a self-employed individual, had accumulated a federal income tax liability of $196,034 for tax years 2008-2019. We submitted an Offer in Compromise and settled this liability for $860. We also settled our client’s Georgia income tax liability of approximately $15,500 for $250. Our efforts resulted in savings of over $210,000.
Molly W - Saved $210,000
David T. - Saved $290,973
We Work to Understand You
The first step is a judgment-Consultation to understand your unique situation and the details of your conservation easement.
Determine the Best Strategy
We analyze the facts of your case to build the strongest defense. Our goal is to provide you with a clear strategy and the clarity needed to make informed decisions.
We Deal Directly With the IRS
We take action and handle all communications with the IRS, representing you in audit, administrative appeals, or litigation in U.S. Tax Court.
Protect Your Financial Future
We fight to resolve your tax matter, helping you protect the financial benefits of your conservation easement.
Our team provides experienced legal counsel and a robust defense for your conservation easement. We are committed to protecting your valuable real estate and preserving your tax benefits.
Tax Law Experts, Not Just Attorneys
Tax law isn't just one of our practice areas—it's the only thing we do. We have an unparalleled understanding of IRS and U.S. Tax Court procedures related to conservation easements and excel in complex litigation.
Responsive, Client-focused Representation
Our strategies are tailored to your goals. We're here to help you navigate the process and protect the financial and philanthropic value of your conservation easement, while fiercely advocating for your best outcome.
Protecting Your Investment
We provide peace of mind by fighting to resolve your tax dispute. Our goal is to ensure you can protect your financial investment and preserve the land you sought to protect.
Today, Jason and his team of tax law experts have built Wiggam Law to be one of the leading tax law firms in Atlanta, guiding others successfully through complex tax cases, IRS audits, and other financial hurdles. Helping clients achieve peace of mind, so they can sleep again, knowing that their finances are in good hands, without judgement, is at the core of the Wiggam Law mission.
As founder of Wiggam Law,
Jason’s passion is driven by a deep desire to help those who need it most.
Inspired by his entrepreneurial parents, Jason saw firsthand the financial and legal obstacles business owners face
He was inspired to become an expert in tax law so he could build a career around making a difference in other people’s lives.
Audits of Conservation Easements
U.S. Tax Court Litigation
Tax Penalties
State-Level Tax Disputes (GA DOR)
Technical Errors & Faulty Paperwork
Gross Valuation Misstatement Penalties
And More
Do not panic, but act immediately. Responding to the IRS without proper guidance can be costly. The first step is to contact a qualified tax attorney. We will analyze the IRS notice, evaluate your options, and work with you to build a defense that protects your tax deduction and your investment.
Navigating a conservation easement dispute requires specialized legal knowledge, as these cases often proceed to U.S. Tax Court. Many tax relief companies do not represent taxpayers in court. At Wiggam Law, our exclusive focus is tax law. As a firm of dedicated tax attorneys, we have the expertise to manage your case through every stage, including complex litigation.
Yes. We provide dedicated legal counsel to individual clients involved in conservation easement disputes. It's an important distinction that our firm represents individual investors, not the syndicated partnerships. We are qualified to manage your case through every stage, from the initial audit and administrative appeals to trial in U.S. Tax Court, offering a level of expertise in tax litigation that many other firms cannot.
To make our conversation as productive as possible, we recommend having any notices you have received from the IRS (especially a Notice of Computational Adjustment), the conservation easement deed, and the original appraisal for the property. Don’t worry if you don’t have all of this information—we can still discuss your situation and help you determine what’s needed.
Yes. Wiggam Law is a real law firm, and clients work directly with a dedicated team of legal professionals that includes attorneys. Our founder, Jason Wiggam, holds an LL.M. in Taxation and brings extensive experience in resolving complex tax matters, reflecting the high level of expertise our firm provides.
