Charles H. Browning, Jr., and Patricia L. Browning - Page 23

                                       - 23 -                                         

          170 is the difference between the fair market value of the entire           
          contiguous parcel of property before and after the granting of              
          the restriction.  Sec. 1.170A-14(h)(3)(i), Income Tax Regs.                 
          (fourth substantive sentence).  Sales of easements comparable to            
          the donated easement covering a portion of the contiguous                   
          property owned by the donor and the donor’s family and, thus, the           
          market value of such easements are irrelevant.                              
               In conclusion, we must examine the applicability of the                
          second substantive sentence of the PCR valuation regulation in              
          light of its role in determining the proper amount of the                   
          deduction under section 170.  Therefore, we are not required to             
          accept the substantial record of sales of development rights to             
          Howard County under the Program as determinative of the fair                
          market value of the easement when there is evidence to support a            
          finding that those sales occur in an inhibited market.                      
               D.  Uninhibited Markets                                                
               Notwithstanding the establishment of a market to which                 
          reference may be had for sales data, such data may not yield a              
          demonstration of the fair market value of a particular property             
          (or an interest in property) if general conditions or those                 
          affecting particularly the sales that have actually transpired do           
          not “fairly” reflect the circumstances surrounding the specific             
          property to be valued.  Estate of Wright v. Commissioner,                   
          43 B.T.A. 551, 555 (1941).  That general proposition limiting the           





Page:  Previous  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  Next

Last modified: May 25, 2011