§140 — Cross references to other Acts

140 (2011). Assuming the doctrine ofmerger applies to the side letter, the provisions in the side letter would fall within one of these exceptions and survive the deed. The merger rule does not apply where there is a clear intent evidenced by the parties that a particular provision ofthe contract shall survive the deed.

ger generally extinguishes terms of preliminary contracts or negotiations upon the recording of a deed, so that only the terms in the recorded deed remain, there are exceptions to this general rule. 91 N.Y. Jur. 2d Real Property Sales and Exchanges, sec. 140 (2011). Assuming the doctrine of merger applies to the side letter, the provisions in the side letter would fall within one of these exceptions and survive the deed. The merger rule does not apply where there is a clear intent evidenced by t

1 (2013); 7 Even the NCED, which provides the most complete up-to-date census data, admits that its numbers are significantly understated. The NCED estimates that it lists only 49% ofpublicly held easements and 90% ofnon-profit-held easements across the United States. Completeness, Nat'l Conservation Easement Database, https://www.conser

1 (2013)). A donor cannot reserve in an easement deed a right that section 170(h) does not permit (such as a right to more than his share ofextinguishment proceeds) but then save his charitable contribution by mentioning the rule he has violated and calling for that rule to kick in and save the day ifhis violation subsequently comes to l

1 (2013), followed. 2. HeM, further, the 2007 easement covered a specific, identifiable piece ofreal property and was "granted in perpetuity" under I.R.C. sec. 170(h)(2)(C). 3. HeM, further, the 2007 easement was made "exclusively for conservation purposes" under I.R.C. sec. 170(h)(1)(C). 4. Held, further, the inclusion in the 2007 easem

tion under paragraph (g)(6)(i) ofthis section, the donee organization, on a subsequent sale, exchange, or involuntary conversion ofthe subject property, must be entitled to a portion ofthe proceeds at least equal to that proportionate value ofthe perpetual conservation restriction, unless state law provides that the donor is entitled to the full proceeds from the conversion without regard to the terms ofthe prior perpetual conservation restriction.

cost gap by allowing for participating educational institutions to provide additional funding for educational costs not covered by the Post-9/11 GI Bill. See 38 U.S.C. sec. 3317 (2012). Pursuant to 38 U.S.C. sec. 5301(a)(1), and cross-referenced by sec. 140(a)(3), veterans' benefits authorized by law under title 38 ofthe United States Code and administered by the Department ofVeterans Affairs, including the Post-9/11 GI Bill, are exempt from Federal taxation. See (continued...) - 3 - [*3] durin