- 7 - entitled to a charitable contribution deduction equal to the difference between the fair market value of the property and the amount realized from the sale. Sec. 170(a)(1); Stark v. Commissioner, 86 T.C. 243, 255-256 (1986); Knott v. Commissioner, 67 T.C. 681 (1977); Waller v. Commissioner, 39 T.C. 665, 677 (1963). Section 1.170A-1(c)(2), Income Tax Regs., defines fair market value as "the price at which the property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or sell and both having a reasonable knowledge of relevant facts." The parties have stipulated that charitable contributions to the Commonwealth qualify for a charitable contribution deduction pursuant to section 170(c)(1). Respondent further concedes that petitioner intended to make a gift to the Commonwealth of any excess value of the Property over the selling price. However, it is respondent's position that $6 million, together with the Special Use Permit, properly reflects the fair market value of the Property, and therefore, petitioner is not entitled to the charitable deductions claimed. The fair market value of donated property as of a given date is a question of fact to be determined from the entire record. Symington v. Commissioner, 87 T.C. 892, 896 (1986); Zmuda v. Commissioner, 79 T.C. 714, 726 (1982), affd. 731 F.2d 1417 (9th Cir. 1984). Fair market value reflects the highest and best use of the property on the date of valuation. Stanley Works v.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011