- 16 - line with the amount that the county paid generally for development rights under the Program and, thus, represented the fair market value of the easement. Respondent relies on section 1.170A-14(h)(3)(i), Income Tax Regs., which prescribes a methodology for determining the fair market value of donated easements of the type conveyed by petitioners to the county. Respondent argues that there is a universe of sales of development rights to the county under the Program, that that universe constitutes a substantial record of sales of comparable development rights, and that there were no other sales of development rights in the county during 1990. Relying on section 1.170A-14(h)(3)(i), Income Tax Regs., respondent denies the relevance of any appraisal evidence that would support any different (greater) fair market value. Thus, by, in effect, defining the fair market value of the property transferred by what the county paid for it, respondent denies that petitioners made a bargain sale to the county; denying that they made a bargain sale, respondent denies that they made a charitable contribution. Alternatively, respondent argues that the fair market value of the easement is no greater than $367,000 and that the “valuable benefits” received by petitioners, including the $309,000 and the anticipated charitable contribution deductions,Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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