- 33 - 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’sPage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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