Estate of Lewis S. Thompson, III, Deceased, Synovus Trust Company, Successor Executor To Security Bank and Trust Company - Page 14

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          $43,936.50.  Dividing this amount by the capitalization rate of             
          10.87 results in a special use value for the subject property of            
          $404,199.63.  Petitioner contends that the report attached to the           
          amended return fully comports with the requirements of section              
          2032A(e)(7) and accompanying regulations, and that petitioner's             
          protective election has thereby been perfected.  Petitioner                 
          further maintains that the subject property was used for a                  
          qualified use, and that decedent materially participated in its             
          operation.  (No other requirements of section 2032A are in                  
          issue.)                                                                     
               Respondent argues, on the other hand, that petitioner failed           
          to properly perfect its election with respect to the qualified              
          woodlands on the amended return.  More specifically, respondent             
          argues that, in electing to value the subject property pursuant             
          to section 2032A(e)(7)(A), petitioner failed to identify                    
          comparable properties and annual gross cash rent figures as                 
          required.  Respondent also argues that petitioner failed to                 
          demonstrate that the subject property was in qualified use and              
          that decedent materially participated in its operation.                     
               Section 20.2032A-4(b)(2), Estate Tax Regs., describes the              
          documentation required from the executor in order to value                  
          property under section 2032A(e)(7)(A).  The regulation states               
          that "The executor must identify to the Internal Revenue Service            
          actual comparable property for all specially valued property and            
          cash rentals from that property" for each of the 5 calendar years           




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