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The easements allowed only the homesite parcels’ boundaries to be changed, and then only within the tracts that were subject to the easements without increasing the acreage of the homesite parcel in question. In addition, neither the exterior boundaries nor the total acreage of the easements would ever change. The perpetuity requirement of the Conservation Easement was not invalidated by the provision for homesite parcel adjustment. The Tax Court had to consider the other grounds asserted by the Commissioner to support the disqualification of the easements as charitable deductions but not addressed by the Tax Court. The Tax Court had to determine the correct amount of any taxable income that resulted from the disguised sales and if the gross valuation misstatement penalty was applicable. The Tax Court’s judgment was vacated and the case was remanded back to the Tax Court for re-hearing.