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Is my 2007 contribution to VFPP tax deductible?
What
is happening with San Miguel Valley Corporation's appeal?
What is the status of the acquisition
funds?
What happens to the funds if the
Supreme Court rules in the Town's favor?
What happens to the funds if the
Supreme Court rules in SMVC's favor?
What is the status of the SMVC legal
fees for which the Town will be responsible?
And Answers ...
1. Is my 2007 contribution to VFPP
tax deductible?
If your total contribution was made in 2007 and it was less than
$500, it is tax deductible and you should have received a tax acknowledgment letter
from us at the time of your donation.
If your total 2007 contribution was $500 or more you had the option
of making it restricted allowing VFPP to return the funds to you in case the Valley Floor
acquisition is not finalized. If you made your donation restricted by signing and returning
the escrow agreement, your contribution was not considered a gift in 2007 and therefore not
deductible. Please contact Hilary at VFPP if you need to confirm the status of your contribution.
If your contribution was $500 or more and you did not sign the Escrow
Agreement you should have received a tax acknowledgment letter from VFPP for your 2007 tax filing in January 2008.
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2. What is happening with San
Miguel Valley Corporation's appeal?
After both parties has filed all of their briefs with the Colorado Supreme Court, Oral arguments were presetented by the Town and SMVC on January 22, 2008. We hope for a decision this spring, although it can take up to nine months.
Click
here to view the most recent trial updates and legal documents
relating to the appeal.
3. What is the status of the
acquisition funds?
On May 9th $50,876,281.15 was deposited in a Wells
Fargo account established by the Town, SMVC and the Court. $24.5MM
from both the Town and VFPP as well as $876,281.15 in interest accumulated
since the day of the value judgment The funds can be removed by SMVC
at any time, ending the appeal. The Wells Fargo account is invested
in safe and conservative 6 month Treasury Bills (also stipulated by
the parties and Court) earning just under a 5% interest rate.
As of late February, the amount held had increased in value by approximately $2,005,313.
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4. What happens to the funds
if the Supreme Court rules in the Town's favor?
Once the appeals process has been exhausted and the
Court awards title to the property to the Town, VFPP will acknowledge
all restricted private contributions as tax-deductible, charitable
donations. The acquisition funds, together with all interest earned
during the appeals process will become the property of SMVC.
5. What happens to the funds
if the Supreme Court rules in SMVC's favor?
In the event that the Court rules against Telluride's
eminent domain action, the acquisition funds together with interest
accrued will be returned to the Town and VFPP.
VFPP will return restricted funds to contributors,
as stipulated in the Escrow Agreements on file. (NOTE: It
is very important that contributors of restricted funds notify VFPP
of any changes to contact information provided on Escrow Agreements.
If you have changed your legal name, your mailing or email address
or your phone number, please contact VFPP.)
In the event that the Town is ultimately unsuccessful
in acquiring the property, unrestricted funds returned to VFPP by
the Court, already acknowledged as charitable donations by VFPP, will
be used for an alternative charitable purpose consistent with the
policies of VFPP.
6. What is the status of the
SMVC legal fees for which the Town will be responsible?
After the valuation trail in February, SMVC submitted
a bill of attorney fees and costs of approximately$3.4MM. The Town
agreed to and paid SMVC $2.2MM and contested the balance. In September,
Judge Greenacre issued and order allowing approximately $200,000 of
SMVC remaining fees and denied approximately $1MM. All of the legal
fees have been paid out of the Town's Open Space Fund.
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