In 2004, Alexandra Kauka, president
and CEO of Kauka Promedia, was mulling over what do to with the 2,400-acre River
Creek Plantation she owned near Thomasville, Ga.
Although she was emotionally attached to the property, which she and her late
husband, German cartoonist Rolf Kauka, had purchased two decades earlier, she
realized it was time to liquidate it. To no one’s surprise, local developers
offered plenty of suggestions on how she should dispose of River Creek
Plantation, which was valued at roughly $10.5 million at the time. Not only were
they willing to pay this sum, but they shared their development plans for the
land with her. "I felt very tempted," recalls Kauka, who still maintains a U.S.
residence at the 96-year-old, 2,000-acre Chinquapin Plantation next door. "It
would have been nice, for example, to have a golf course nearby, or a great
hunting club—something very elite. Of course, they promised they would never
change anything in the land, but I knew they could do anything they wanted after
they bought it." Kauka wanted to benefit financially from the sale
of the property, but she also hoped to protect it from overdevelopment. The land
includes four miles of riverfront and pristine habitat for the endangered
red-cockaded woodpecker, as well as what Kauka describes as extraordinary
botanical specimens, including orchids, cacti and carnivorous flowers.
To achieve both goals, she ultimately sold River Creek
Plantation for the reportedly below-market sum of $9.5 million to the
Conservation Fund, an Arlington, Va.-based nonprofit organization that has,
since its inception in 1985, protected more than 5 million acres in the United
States. After completing the deal with Kauka, the organization sold the property
to the state of Georgia for $7.3 million in 2005. With assistance from the Doris
Duke Charitable Foundation and the Tall Timbers Research Station, Georgia was
able to create the Rolf and Alexandra Kauka Wildlife Management Area, a valuable
addition to the state’s protected lands.
TOP VIEW: While famous philanthro- pists such as John D. Rockefeller are
remembered for protecting millions of acres of open space, concerned landowners
have often overlooked the benefits of donating property for preservation—until
recently. Today, donors have options for preserving treasured natural vistas
that enable them to reap some benefit from the land’s value. To achieve their
philanthropic goals, while securing tax deductions, affluent donors are working
with conservation groups to create financially complex gifts that include
stocks, low-interest loans, gift annuities and commercial real estate
assets. | Everybody won: Kauka was able to protect the land she loved
while achieving liquidity, along with the potential for a significant tax
deduction based on the $1 million difference between the land’s market value and
the amount for which she sold the property. The Conservation Fund achieved its
goal of preserving pristine land. And the people of Georgia paid far below
market price for an asset that will benefit generations to come.
Donation deals such as Kauka’s are a financially advantageous,
yet often overlooked, avenue of philanthropy, offering donors a host of options
for preserving cherished natural spaces while benefiting from the land’s value.
Significant deductions in estate and income taxes represent the simplest way to
benefit from a donation, but benefactors are working strategically with
conservation groups to craft financially sophisticated donation strategies that
deliver even greater value to both parties.
For their part, conservation fund executives are increasingly
reaching out to affluent potential donors, stressing a variety of financial and
philanthropic strategies available to anyone interested in creating a legacy
that can quite literally encompass mountains, rivers and rainforests. "We’re
seeing more complex gifts," says Mary O’Connor, vice president of development
for the Conservation Fund. "By complex, I mean gifts that have a variety of
facets: A portion of it is cash, a portion is a piece of land, or a house, or
an apartment building, or a commercial piece of property we can then sell. They
can be stocks or in the form of a low-interest loan. We take all those pieces
together and roll it up so we can get to something that balances the needs of
the organization with the needs of the donor."
Virgin Territory
 | THE LATE German cartoonist Rolf Kauka and his wife, Alexandra,
often ate breakfast looking out over their Georgia plantation, River Creek
. Alexandra Kauka sold the estate to the Conservation Fund for less than market value in
order to limit its development. | Stephen Small is a Boston-based attorney who, as a former
advisor at the IRS, wrote portions of the income tax regulations that govern
conservation easements. Small has since published several books on preserving
family land. He now lectures on the topic and specializes in helping clients understand how gifts
of conservation land and easements can help protect assets from estate taxes.
Despite the recent IRS crackdown on abusive easement deals (see "Proceed with
Care," page 82), he says, "Most of what’s going on in this field continues to be
good—and there are good deals." According to Small, in terms of financial incentives for
donors, tax deductions represent the lowest hanging fruit; if they are applied
correctly, they can deliver substantial benefits. For example, individuals
making gifts of land or easements to conservation groups can receive federal tax
deductions of up to 30 percent of their adjusted gross income. For gifts of
cash, that amount rises to 50 percent, he says.  | RIVER CREEK | Money manager C.E. "Pat" Patterson and his wife, Berniece, of
Contra Costa, Calif., wanted to make a cash donation of $250,000 a year, over
the course of five years, to the Nature Conservancy, the nation’s largest land
conservation nonprofit, in order to preserve part of a pristine rainforest near
Annaly Bay in St. Croix, not far from their vacation home. In structuring their
donation this way, they will also receive potentially large tax deductions over
the life of the donation, which began in 2005.
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