Stephen J. Small - a Boston, United States Real Estate Lawyer

Boston Real Estate Lawyer

Updated: 02/28/2026

Areas of Practice

Real Estate

Attorney Information

Overview

Steve is recognized as the nation’s leading authority on private land protection options and strategies in which he has more than four decades of unmatched experience. He authored the Federal Tax Law of Conservation Easements, the series of Preserving Family Lands books, and The Business of Open Space: What’s Next?? As an attorney-advisor in the Office of Chief Counsel of the Internal Revenue Service, he was the initial draftsman of the federal Income Tax Regulations on Conservation Easements.

Steve represents individual, corporate, and family owners of ranchland, farmland, forestland, plantations, family estates, and historic property on federal tax planning and succession planning matters for family property, including conservation and preservation easements. He also advises government agencies and nonprofit organizations on a range of land protection projects, including leveraging land acquisition dollars through tax-advantaged planning and legal planning for property owners.

Steve advises and designs plans for conservation buyers, and represents individual and corporate clients in structuring bargain sales of easements and property to conservation and preservation organizations and government agencies. Steve spends considerable time on addressing a variety of tax and related issues faced by donors of land and conservation easements, including planning for “bargain sales.” He also represents landowners under IRS audit in connection with conservation easement donations.

Steve has advised on some of the largest land conservation cases in the country, including as adviser to the landowner in a major conservation purchase by a government agency (with a purchase price in excess of $100 million); as adviser to the prospective purchaser (state government agencies) in an offer to acquire a multi-thousand acre parcel (purchase price a multiple of $100 million); as counsel to the easement holder in the largest conservation easement transaction to date (more than 750,000 acres) in the United States; as counsel to the easement holder in one of the largest conservation purchases by a non-profit organization (purchase price in excess of $60 million); and as counsel to the donor in what is believed to be the most valuable (in dollar terms) land conservation contribution in the United States.

Steve has authored numerous books and articles, and speaks extensively at events, including seminars, workshops and continuing legal education programs across the country and abroad, on a wide variety of private land protection issues. He received an LL.M. in Taxation and a J.D. from Georgetown University Law Center, an M.S. in Journalism from Medill School of Journalism Northwestern University, and a B.A. from Yale University.

Awards and Honors

Super Lawyers® Selectees

Stephen J. Small included in a Super Lawyers® list

Honors

Texas Tech University Sowell Family Collection in Literature, Community and the Natural World Honor - April, 2017
Kingsbury Browne Conservation Lifetime Achievement Leadership Award - National Rally of the Land Trust Alliance, 2015
Conservation Award, The Trustees of Reservations, 1989
“Conservationist of the Year,” New England Wild Flower Society, 1991

Other Sources of Feedback About Stephen J. Small

Included on the 2005 Massachusetts Super Lawyers list

Education

Legal Education
- Georgetown University Law Center, Washington, District of Columbia, 1981
  LL.M. in Taxation
- Georgetown University Law Center, Washington, District of Columbia, 1978
  J.D.
  Honors: Estimated top 15%
  Honors: Winner, Nelson T. Hartson Memorial Award
Non Legal Education
- Medill School of Journalism, Northwestern University, 1968
  M.S. in Journalism
- Yale University, 1967
  B.A. (English)

Current Employment Position(s)

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Of Counsel
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Classes and Seminars

Mr. Small has given more than 400 speeches, workshops, lectures, and Continuing Legal Education (“CLE”) programs around the country, too numerous to list)
One typical example: “Tips for Getting it Right AND Staying Out of Trouble with the IRS, and More” - 28th annual Mass Land Conservation Conference, March 24, 2018

Published Works

Articles

The Federal Tax Law of Conservation Easements, 1985
Preserving Family Lands: Book I, Essential Tax Strategies for the Landowner, 1988
Preserving Family Lands: Book II, More Planning Strategies for the Future, 1997
Preserving Family Lands: Book III, New Tax Rules and Strategies and a Checklist, 2002
The Business of Open Space: What’s Next??, 2013
A Modest Legislative Proposal to Shut Down Specific Tax Shelters - 2016
Note #1: Basis Allocation Rules and Deductions
Note #2: Sales, Swaps, Bargain Sales, Bargain Swaps!!!
Note #3: Amending Conservation Easements – Are There Really Any Rules?
Note #4: Amending Conservation Easements – Are There Really Any Rules? (continued)
Note #5: A White Paper – New Tax Incentives to Encourage Private Donations of Parkland and Recreation Land
Note #6: “Syndications” of Conservation Easement Deductions – Or, There’s Trouble in River City
Note #7: The Business of Open Space: What’s Next?? And I really Mean it!!
Note #8: Conservation Easement Appraisal Rules: History, Rules, Mistakes, Tips (Part I)
Conservation Easement Appraisal Rules: History, Rules, Mistakes, Tips (Part II)
Note #10: Conservation Easement Appraisal Rules: History, Rules, Mistakes, Tips (Part III)
Note #11: Claiming a Deduction for Donating a Conservation Easement (or a Gift of Land) – FILING YOUR TAX RETURN, THE IRS, AND GETTING IT RIGHT (Part I)
Note #12: Claiming a Deduction for Donating a Conservation Easement (or a Gift of Land) – FILING YOUR TAX RETURN, THE IRS, AND GETTING IT RIGHT (Part II)
Note #13: Leveraging Acquisitions Dollars, Or, What Does The Seller Really Really Want?
Note #14: How to Do, and Not to Do, a “Conservation Buyer” Transaction
Note #15: Using an Option to Help Save Land
Note #16: Once a Real Estate Developer, Not Always a Real Estate Developer . . . . Complicated Tax Planning
Proper – and Improper – Deductions for Conservation Easement Donations, Including Real Estate Developers, Tax Notes, October 11, 2004
Enhanced Income Tax Deductions Extended Through 2011!! – January 1, 2011
Much Better Income Tax Deduction Rules for S Corporations that Donate Conservation Easements - December 30, 2010
Conservation Easements, Appraisals Thereof, and Form 8283: The Good, The Bad, and The Ugly - 2010
Better Deductions for S Corporations That Donate Conservation Easements – October 21, 2008
The New Conservation Tax Incentives – October 14, 2008
Business in the Beltway: Landowners and Charities Farm Tax Break – Forbes, June 11, 2008
Encouraging Landowners to Save the Places They Love – Charles Stewart Mott Foundation News, October 17, 2007
Last Call – Charitable Giving, July 31, 2007
The Lawyer of the Land – July 31, 2007
The New Conservation Tax Incentives, Some Things We Know and Some Things We Don’t Know - August 17, 2006
President Signs Into Law New Conservation Tax Incentives Under the 2006 Tax Act!!! – August 17, 2006
A Modest Legislative Proposal to Shut Down Certain Tax Shelters - Tax Notes, May 23, 2016
IRS Notice Could Be Good News - Fall 2004
Tax Incentives and Land Protection Techniques - SHO26 ALI ABA 929, 950 (American Law Institute-American Bar Association, CLE 2002)
Understanding the Conservation Easement Estate Tax Provisions - Tax Notes, April 17, 2000
1985, Preserving Lands: Legal Issues - (Newsletter; editor/publisher)

Bar Admissions

District of Columbia, 1978
Massachusetts, 1983

Other Affiliations

Board of Directors, Land Trust Alliance, 1991-1997
Former Member, Conservation Restriction Program Review Board, Executive Office of Environmental Affairs (Commonwealth of Massachusetts)
Former Member, Newton Commonwealth Golf Course Foundation

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Contact

Boston, MA

One Financial Center
Suite 3610
Boston, MA 02111

Directions

Phone: 617-357-5250

Fax: 617-357-5250

Email: Send a message

Websites:

https://www.wagnerlawgroup.com
https://www.facebook.com/WagnerLawGroup (Facebook)
https://www.linkedin.com/company/wagner-law-group/ (Linked In)
https://twitter.com/WagnerLawGroup (Twitter)

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Stephen J. Small - Boston, MA