Estate of Mary B. Bull - Page 15




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               We do not place much reliance on the estate’s trial expert’s           
          departure from the cost approach that had been used by the                  
          appraiser, whose report was attached to the estate tax return.              
          The appraisal attached to the estate tax return used a                      
          contemporaneous cost-per-square-foot approach to determining                
          value, not the peculiar cost of the Manchester Drive residence.             
          Based on the use of the cost method, a $1,032,000 value was                 
          placed on the completed residence, a value that was only $2,000             
          more that the eventual arm’s-length selling price.  Moreover,               
          respondent has not questioned the credibility of the appraisal              
          attached to the return.  Respondent appears to accept $612,000 as           
          being the value of the 57-percent completed residence on November           
          4, 1994.  The Court also accepts that value as the amount that              
          should have been included in decedent’s gross estate.                       
               Respondent, however, contends that the value should be                 
          increased to reflect the completed value of the residence because           
          the insurance company agreed to reimburse decedent for rebuilding           
          the residence.  The estate argues that decedent did not own any             
          asset, contract right, or chose in action that would enhance the            
          value of the incomplete residence at the time of her death.  We             
          agree with the estate.                                                      
               The concept of fair market value, in the context of Federal            
          taxation, has remained unchanged for more than 80 years.  For               
          estate tax purposes, the amount includable in the gross estate is           






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