[Hvcatskillcewg] RE: Tax Ben

Mon Jan 5 09:16:02 PST 2009

This was an email faux pas on part.  I copied and pasted the address
from the Cc and forgot to erase it before sending. 

Sorry Matt and everyone on the listserve.  

David

David M. Diaz

Senior Land Protection Manager

Columbia Land Conservancy

PO Box 299

49 Main Street

Chatham, NY 12037

(518) 392-5252  ext.205

(518) 392-3099  fax

www.clctrust.org

Confidentiality Notice: This communication and any accompanying
document(s) are confidential and privileged. They are intended for the
sole use of the addressee. If you receive this transmission in error,
you are advised that any disclosure, copying, distribution, or the
taking of any action in reliance upon the communication is strictly
prohibited. If you have received this communication in error, please
contact us at (info at clctrust.org
<BLOCKED::BLOCKED::mailto:info at clctrust.org> ) or by telephone at
518-392-5252. Thank you.

________________________________

From: hvcatskillcewg-bounces at lists.ltanet.org
[mailto:hvcatskillcewg-bounces at lists.ltanet.org] On Behalf Of David Diaz
Sent: Monday, January 05, 2009 12:12 PM
To: Matt Shipkey
Cc: hvcatskillcewg at lists.ltanet.org
Subject: [Hvcatskillcewg] RE: Tax Ben

Hi Matt,

2009 is here to stay.  Can't believe it's already here.  Good wishes to
you as well.

Re: complementary consultation.  I don't know of anyone doing this.  It
sounds interesting but I'd imagine you'd have to be very careful about
representations and conflicts of interest.  I do like the idea of having
a separate and expert party address initial tax questions. Here are some
questions that I'm curious about:  

-I'm guessing that the "tax advisor" would likely be an appraiser?

-Is the initial relationship with tax advisor(s) being established by
the land trust?  

-Does the land trust pay a retainer to the tax advisor?

-In the scenario you describe, would the tax advisor expect that they
would be commissioned by the landowner if the landowner chooses to move
forward?  

-In the absence of an appraisal, what data would a tax advisor base
their opinion on?  

-What risks are the land trust assuming by getting this involved with
tax implications?

-If the project goes array, how do you lessen the potential for
litigation by the landowner?

-How do you address these issues without scaring the pants off a
landowner (or making them overly leery)? 

-Should the  landowner be encouraged to have their attorney sit/listen
in the meeting with tax advisor.  

-Does this meeting take place with our without the land trust present?  

-Are you viewing this as team approach (land trust + tax advisor)?  What
are the risks/implications of that?

I would encourage you to post your questions/scenario to the working
group listserve.  The address is hvcatskillcewg at lists.ltanet.org

Are you a member of it?  If not I can add you.  In the meantime you can
go ahead and post an email; I'll get an email asking me to approve or
deny it, and I'll approve it of course!

David

David M. Diaz

Senior Land Protection Manager

Columbia Land Conservancy

PO Box 299

49 Main Street

Chatham, NY 12037

(518) 392-5252  ext.205

(518) 392-3099  fax

www.clctrust.org

Confidentiality Notice: This communication and any accompanying
document(s) are confidential and privileged. They are intended for the
sole use of the addressee. If you receive this transmission in error,
you are advised that any disclosure, copying, distribution, or the
taking of any action in reliance upon the communication is strictly
prohibited. If you have received this communication in error, please
contact us at (info at clctrust.org
<BLOCKED::BLOCKED::mailto:info at clctrust.org> ) or by telephone at
518-392-5252. Thank you.

________________________________

From: Matt Shipkey [mailto:mshipkey at scenichudson.org] 
Sent: Monday, January 05, 2009 11:48 AM
To: David Diaz
Subject: Tax Ben

Dear David,

I hope this e.mail finds you well, and my best wishes for a wonderful
2009 to you and Carissa.  How is CLC treating you?  And the commute?
Winter is always the roughest season for the commute for me with the eve
darkness...

Quick question for you.  I'm wondering if in your work with the CE
working group and your experience there at CLC how much in the way of
information resources land trusts provide in their discussions with
landowners about donations/bargain sales?  Specifically, I'm thinking of
the possibility of tax advisor firms that would provide an initial
complementary consultation to landowners we are trying to interest in
donations or bargain sales, and would also look at or run some very
rough and quick numbers that might be somewhat analogous to the subject
landowner's situation (at no cost) which would be shared at an initial
meeting (with all the usual caveats).  Are any land trust's doing this,
and is there anyone you are aware of that does such things for Land
Trusts (or may be open to doing so) that you would be willing to share
contact information for?

Best and thanks,

Matt

Matt Shipkey
Land Project Manager

Scenic Hudson, Inc. 
Tel: 845 473 4440 Ext 267
Fax: 845 473 2648 

Cell: 845 337 1802
mshipkey at scenichudson.org 

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