Charles H. Browning, Jr., and Patricia L. Browning - Page 33

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          be taken into account.  See United States v. Fuller, 409 U.S.               
          488, 490 (1973) (citing Olson v. United States, 292 U.S. 246, 256           
          (1934)); Dorsey v. Commissioner, T.C. Memo. 1990-242 (with                  
          respect to the charitable contribution of a facade easement:                
          “The fair market value of the easement should be based on the               
          highest and best use for the property on its valuation date,                
          including potential development.”).  In Olson v. United States,             
          supra at 257, the Supreme Court noted, however:                             
               Elements affecting value that depend upon events or                    
               combinations of occurrences which, while within the                    
               realm of possibility, are not fairly shown to be                       
               reasonably probable, should be excluded from                           
               consideration, for that would be to allow mere                         
               speculation and conjecture to become a guide for the                   
               ascertainment of value--a thing to be condemned in                     
               business transactions as well as in judicial                           
               ascertainment of truth.  * * *                                         
               Had petitioners not conveyed the easement to the county,               
          certainly there was the potential for their developing the land             
          together with either or both of Messrs. Barnes and Mullinix.                
          Mr. Mullinix testified regarding joint action with petitioners;             
          and the parties have stipulated that, although Mr. Barnes did not           
          testify, his testimony would have been consistent with the                  
          testimony of Mr. Mullinix.  Mr. Mullinix testified that there               
          were benefits to either developing the properties jointly or                
          jointly participating in the Program.  He testified that there              
          was no written or enforceable agreement for joint action and that           
          there was “some talk” about Mr. Barnes and Mr. Browning’s                   





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