- 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 thePage: 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