6. Acceptable Waste Fill and Soil Fill
[Boone] agrees to provide [Tucson] with, and [Tucson] agrees to accept, acceptable waste fill and soil.
6.1 Placement of Acceptable Waste Fill
Boone shall, at no cost to [Tucson], fill the *** with acceptable waste to the approved final grades.
I question why the Court did this. The Court had already disallowed the deduction for lack of written acknowledgement. Why keep going?
COMMENT: Please do not mess with IRS in this area. If you are thinking about a significant donation of anything other than cash, please call your tax advisor first. Get your papers lined up and do not play “gotcha” with the IRS.